Ark. Code Ann. § 9-28-701 — AR Code / Title 9 / Chapter 28 / Subchapter 7 / Section 9-28-701
Legislative findings
Status: in_force

(a) Presently circuit judges must often choose between imposing no sanction at all or committing juveniles to the Division of Youth Services. Judges should have punitive options available as alternatives to confinement. Therefore, it is the intent of the General Assembly that a continuum of graduated sanctions be available in every judicial district in Arkansas and that the division provide for a continuum of sanctions that may be imposed in the community in lieu of commitment to the division in every situation. (b) Further, the General Assembly recognizes that sanctions are usually not effective unless the sanctions are coupled with treatment and intervention services that address the underlying problems of the youth and his or her family. It is for this reason the General Assembly has provided that the community-based sanctions program be implemented by the division as part of its community-based provider contracts, and that any and all funds specifically appropriated to implement this subchapter are in addition to those funds provided for other prevention intervention, therapeutic, and family services and shall be added to existing community-based contracts without further request for proposal, but must be spent exclusively to implement and support community-based sanctions. Acts 1997, No. 710, § 1

(a) Presently circuit judges must often choose between imposing no sanction at all or committing juveniles to the Division of Youth Services. Judges should have punitive options available as alternatives to confinement. Therefore, it is the intent of the General Assembly that a continuum of graduated sanctions be available in every judicial district in Arkansas and that the division provide for a continuum of sanctions that may be imposed in the community in lieu of commitment to the division in every situation.

(b) Further, the General Assembly recognizes that sanctions are usually not effective unless the sanctions are coupled with treatment and intervention services that address the underlying problems of the youth and his or her family. It is for this reason the General Assembly has provided that the community-based sanctions program be implemented by the division as part of its community-based provider contracts, and that any and all funds specifically appropriated to implement this subchapter are in addition to those funds provided for other prevention intervention, therapeutic, and family services and shall be added to existing community-based contracts without further request for proposal, but must be spent exclusively to implement and support community-based sanctions.

Acts 1997, No. 710, § 1
Ark. Code Ann. § 9-11-407 — AR Code / Title 9 / Chapter 11 / Subchapter 4 / Section 9-11-407
Enforcement - Void marriage
Status: in_force

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. Acts 1987, No. 715, § 7

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Acts 1987, No. 715, § 7
Ark. Code Ann. § 9-28-401 — AR Code / Title 9 / Chapter 28 / Subchapter 4 / Section 9-28-401
Short title
Status: in_force

This subchapter shall be known as the "Child Welfare Agency Licensing Act". Acts 1997, No. 1041, § 1

This subchapter shall be known as the "Child Welfare Agency Licensing Act".

Acts 1997, No. 1041, § 1
Ark. Code Ann. § 9-28-1303 — AR Code / Title 9 / Chapter 28 / Subchapter 13 / Section 9-28-1303
Department enforcement authority
Status: in_force

(a) The Department of Human Services may initiate an adverse action against a regulated facility that: (1) Fails to comply with the provisions of this subchapter or any rule of the department relating to quality of care; (2) Furnishes or makes any statement or report to the department that is false or misleading; (3) Refuses or fails to submit required reports or to make available to the department any records required by the department in making an investigation of the agency for quality of care purposes; (4) Refuses or fails to submit to an investigation or to reasonable inspection by the department; (5) Retaliates against an employee who in good faith reports a suspected violation of the provisions of this subchapter or the rules promulgated under this subchapter; (6) Fails to engage in a course of professional conduct in dealing with clients being served by the regulated facility, as defined by rules promulgated under this subchapter; or (7) Demonstrates gross negligence in carrying out the duties at the regulated facility. (b) The department may impose an adverse action as follows: (1) Issue letters of reprimand or caution; (2) Require a corrective action plan; and (3) (A) Impose civil penalties of up to two thousand five hundred dollars ($2,500) per violation, with each day of noncompliance and each client injured as a result of noncompliance constituting a separate violation. (B) If any person upon whom the department has levied a civil penalty fails to pay the civil penalty within sixty (60) days of the decision of the department to impose the penalty, the amount of the fine shall be considered to be a debt owed to the State of Arkansas and may be collected by civil action. (C) Civil penalties collected under this section may be expended only for the purpose of providing technical assistance and training to regulated facilities. (c) (1) For a regulated facility licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., the department may petition the Child Welfare Agency Review Board to deny, suspend, or revoke the regulated facility's license on the basis of any adverse action imposed by the department under this section. (2) For a regulated facility licensed under § 20-9-201 et seq., the department may petition the State Board of Health to deny, suspend, or revoke the regulated facility's license on the basis of any adverse action imposed by the department under this section. (d) The department shall notify the regulated facility of the adverse action of the department in writing and set forth the facts forming the basis for the adverse action. (e) (1) Adverse action hearings shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) Within ten (10) business days after rendering a decision, the department shall forward to the regulated facility written findings of fact and conclusions of law articulating the decision of the department. Added by Act 2023, No. 806,§ 2, eff. 8/1/2023.

(a) The Department of Human Services may initiate an adverse action against a regulated facility that: (1) Fails to comply with the provisions of this subchapter or any rule of the department relating to quality of care; (2) Furnishes or makes any statement or report to the department that is false or misleading; (3) Refuses or fails to submit required reports or to make available to the department any records required by the department in making an investigation of the agency for quality of care purposes; (4) Refuses or fails to submit to an investigation or to reasonable inspection by the department; (5) Retaliates against an employee who in good faith reports a suspected violation of the provisions of this subchapter or the rules promulgated under this subchapter; (6) Fails to engage in a course of professional conduct in dealing with clients being served by the regulated facility, as defined by rules promulgated under this subchapter; or (7) Demonstrates gross negligence in carrying out the duties at the regulated facility.

(1) Fails to comply with the provisions of this subchapter or any rule of the department relating to quality of care;

(2) Furnishes or makes any statement or report to the department that is false or misleading;

(3) Refuses or fails to submit required reports or to make available to the department any records required by the department in making an investigation of the agency for quality of care purposes;

(4) Refuses or fails to submit to an investigation or to reasonable inspection by the department;

(5) Retaliates against an employee who in good faith reports a suspected violation of the provisions of this subchapter or the rules promulgated under this subchapter;

(6) Fails to engage in a course of professional conduct in dealing with clients being served by the regulated facility, as defined by rules promulgated under this subchapter; or

(7) Demonstrates gross negligence in carrying out the duties at the regulated facility.

(b) The department may impose an adverse action as follows: (1) Issue letters of reprimand or caution; (2) Require a corrective action plan; and (3) (A) Impose civil penalties of up to two thousand five hundred dollars ($2,500) per violation, with each day of noncompliance and each client injured as a result of noncompliance constituting a separate violation. (B) If any person upon whom the department has levied a civil penalty fails to pay the civil penalty within sixty (60) days of the decision of the department to impose the penalty, the amount of the fine shall be considered to be a debt owed to the State of Arkansas and may be collected by civil action. (C) Civil penalties collected under this section may be expended only for the purpose of providing technical assistance and training to regulated facilities.

(1) Issue letters of reprimand or caution;

(2) Require a corrective action plan; and

(3) (A) Impose civil penalties of up to two thousand five hundred dollars ($2,500) per violation, with each day of noncompliance and each client injured as a result of noncompliance constituting a separate violation. (B) If any person upon whom the department has levied a civil penalty fails to pay the civil penalty within sixty (60) days of the decision of the department to impose the penalty, the amount of the fine shall be considered to be a debt owed to the State of Arkansas and may be collected by civil action. (C) Civil penalties collected under this section may be expended only for the purpose of providing technical assistance and training to regulated facilities.

(A) Impose civil penalties of up to two thousand five hundred dollars ($2,500) per violation, with each day of noncompliance and each client injured as a result of noncompliance constituting a separate violation.

(B) If any person upon whom the department has levied a civil penalty fails to pay the civil penalty within sixty (60) days of the decision of the department to impose the penalty, the amount of the fine shall be considered to be a debt owed to the State of Arkansas and may be collected by civil action.

(C) Civil penalties collected under this section may be expended only for the purpose of providing technical assistance and training to regulated facilities.

(c) (1) For a regulated facility licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., the department may petition the Child Welfare Agency Review Board to deny, suspend, or revoke the regulated facility's license on the basis of any adverse action imposed by the department under this section. (2) For a regulated facility licensed under § 20-9-201 et seq., the department may petition the State Board of Health to deny, suspend, or revoke the regulated facility's license on the basis of any adverse action imposed by the department under this section.

(1) For a regulated facility licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., the department may petition the Child Welfare Agency Review Board to deny, suspend, or revoke the regulated facility's license on the basis of any adverse action imposed by the department under this section.

(2) For a regulated facility licensed under § 20-9-201 et seq., the department may petition the State Board of Health to deny, suspend, or revoke the regulated facility's license on the basis of any adverse action imposed by the department under this section.

(d) The department shall notify the regulated facility of the adverse action of the department in writing and set forth the facts forming the basis for the adverse action.

(e) (1) Adverse action hearings shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) Within ten (10) business days after rendering a decision, the department shall forward to the regulated facility written findings of fact and conclusions of law articulating the decision of the department.

(1) Adverse action hearings shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(2) Within ten (10) business days after rendering a decision, the department shall forward to the regulated facility written findings of fact and conclusions of law articulating the decision of the department.

Added by Act 2023, No. 806,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 9-9-210 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-210
Petition for adoption
Status: in_force

(a) A petition for adoption signed and verified by the petitioner shall be filed with the clerk of the court, and state: (1) The date and place of birth of the individual to be adopted, if known; (2) The name to be used for the individual to be adopted; (3) The date the petitioner: (A) Acquired custody of the minor and of placement of the minor and the name of the person placing the minor; and a statement as to how the petitioner acquired custody of the minor; or (B) Was selected to adopt the minor by the child placement agency licensed by the Child Welfare Agency Review Board; (4) The full name, age, place, and duration of residence of the petitioner; (5) The marital status of the petitioner, including the date and place of marriage, if married; (6) That the petitioner has facilities and resources, including those available under a subsidy agreement, suitable to provide for the nurture and care of the minor to be adopted and that it is the desire of the petitioner to establish the relationship of parent and child with the individual to be adopted; (7) A description and estimate of value of any property of the minor to be adopted; (8) The name of any person whose consent to the adoption is required, but who has not consented, and facts or circumstances which excuse the lack of his or her normally required consent, to the adoption; and (9) In cases involving a child born to a mother unmarried at the time of the child's birth, a statement that an inquiry has been made to the Putative Father Registry and either: (A) No information has been filed in regard to the child born to this mother; or (B) Information is contained in the registry. (b) A certified copy of the birth certificate or verfication of birth record of the individual to be adopted, if available, and the required consents and relinquishments shall be filed with the clerk. Amended by Act 2023, No. 639,§ 3, eff. 8/1/2023. Acts 1977, No. 735, § 10; A.S.A. 1947, § 56-210; Acts 1989, No. 496, § 6; 2011, No. 607, § 2

(a) A petition for adoption signed and verified by the petitioner shall be filed with the clerk of the court, and state: (1) The date and place of birth of the individual to be adopted, if known; (2) The name to be used for the individual to be adopted; (3) The date the petitioner: (A) Acquired custody of the minor and of placement of the minor and the name of the person placing the minor; and a statement as to how the petitioner acquired custody of the minor; or (B) Was selected to adopt the minor by the child placement agency licensed by the Child Welfare Agency Review Board; (4) The full name, age, place, and duration of residence of the petitioner; (5) The marital status of the petitioner, including the date and place of marriage, if married; (6) That the petitioner has facilities and resources, including those available under a subsidy agreement, suitable to provide for the nurture and care of the minor to be adopted and that it is the desire of the petitioner to establish the relationship of parent and child with the individual to be adopted; (7) A description and estimate of value of any property of the minor to be adopted; (8) The name of any person whose consent to the adoption is required, but who has not consented, and facts or circumstances which excuse the lack of his or her normally required consent, to the adoption; and (9) In cases involving a child born to a mother unmarried at the time of the child's birth, a statement that an inquiry has been made to the Putative Father Registry and either: (A) No information has been filed in regard to the child born to this mother; or (B) Information is contained in the registry.

(1) The date and place of birth of the individual to be adopted, if known;

(2) The name to be used for the individual to be adopted;

(3) The date the petitioner: (A) Acquired custody of the minor and of placement of the minor and the name of the person placing the minor; and a statement as to how the petitioner acquired custody of the minor; or (B) Was selected to adopt the minor by the child placement agency licensed by the Child Welfare Agency Review Board;

(A) Acquired custody of the minor and of placement of the minor and the name of the person placing the minor; and a statement as to how the petitioner acquired custody of the minor; or

(B) Was selected to adopt the minor by the child placement agency licensed by the Child Welfare Agency Review Board;

(4) The full name, age, place, and duration of residence of the petitioner;

(5) The marital status of the petitioner, including the date and place of marriage, if married;

(6) That the petitioner has facilities and resources, including those available under a subsidy agreement, suitable to provide for the nurture and care of the minor to be adopted and that it is the desire of the petitioner to establish the relationship of parent and child with the individual to be adopted;

(7) A description and estimate of value of any property of the minor to be adopted;

(8) The name of any person whose consent to the adoption is required, but who has not consented, and facts or circumstances which excuse the lack of his or her normally required consent, to the adoption; and

(9) In cases involving a child born to a mother unmarried at the time of the child's birth, a statement that an inquiry has been made to the Putative Father Registry and either: (A) No information has been filed in regard to the child born to this mother; or (B) Information is contained in the registry.

(A) No information has been filed in regard to the child born to this mother; or

(B) Information is contained in the registry.

(b) A certified copy of the birth certificate or verfication of birth record of the individual to be adopted, if available, and the required consents and relinquishments shall be filed with the clerk.

Amended by Act 2023, No. 639,§ 3, eff. 8/1/2023.

Acts 1977, No. 735, § 10; A.S.A. 1947, § 56-210; Acts 1989, No. 496, § 6; 2011, No. 607, § 2
Ark. Code Ann. § 9-20-109 — AR Code / Title 9 / Chapter 20 / Section 9-20-109
Commencement of proceedings
Status: in_force

(a) Proceedings shall be commenced by filing a petition with the clerk of the probate division of circuit court. (b) Only the Department of Human Services may file a petition seeking ex parte emergency relief. (c) No fees may be charged or collected by the clerk in cases brought by the department, including, but not limited to: (1) Fees for filing; (2) Summons; or (3) Subpoenas. (d) The court shall immediately appoint the Arkansas Public Defender Commission to represent the maltreated adult if: (1) There is reasonable cause to believe the maltreated adult is indigent; or (2) The maltreated adult's liberty interest is in jeopardy and the financial condition of the maltreated adult is undetermined. Acts 2005, No. 1811, § 1; 2009, No. 526, § 4

(a) Proceedings shall be commenced by filing a petition with the clerk of the probate division of circuit court.

(b) Only the Department of Human Services may file a petition seeking ex parte emergency relief.

(c) No fees may be charged or collected by the clerk in cases brought by the department, including, but not limited to: (1) Fees for filing; (2) Summons; or (3) Subpoenas.

(1) Fees for filing;

(2) Summons; or

(3) Subpoenas.

(d) The court shall immediately appoint the Arkansas Public Defender Commission to represent the maltreated adult if: (1) There is reasonable cause to believe the maltreated adult is indigent; or (2) The maltreated adult's liberty interest is in jeopardy and the financial condition of the maltreated adult is undetermined.

(1) There is reasonable cause to believe the maltreated adult is indigent; or

(2) The maltreated adult's liberty interest is in jeopardy and the financial condition of the maltreated adult is undetermined.

Acts 2005, No. 1811, § 1; 2009, No. 526, § 4
Ark. Code Ann. § 9-27-310 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-310
Commencement of proceedings
Status: in_force

(a) Proceedings shall be commenced by filing a petition with the circuit clerk of the circuit court or by transfer by another court. (b) (1) The prosecuting attorney shall have sole authority to file a delinquency petition or petition for revocation of probation. (2) Only a law enforcement officer, prosecuting attorney, the Department of Human Services or its designee, or a dependency-neglect attorney ad litem employed by or contracting with the Administrative Office of the Courts may file a dependency-neglect petition seeking ex parte emergency relief. (3) Petitions for dependency-neglect or family in need of services may be filed by: (A) Any adult; or (B) Any member ten (10) years of age or older of the immediate family alleged to be in need of services. (4) Petitions for paternity establishment may be filed by: (A) The biological mother; (B) A putative father; (C) A juvenile; or (D) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. (c) Concurrent with filing, a copy of any petition that requests that the Department of Human Services take custody or provide family services shall be mailed to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the Department of Human Services by the petitioner. (d) (1) A person may submit to the intake officer for investigation a complaint of acts or omissions that if substantiated would constitute delinquency. (2) Upon substantiation, the intake officer may refer the matter to the prosecuting attorney or an appropriate agency. (e) No fees, including, but not limited to, fees for filings, copying, or faxing, including petitions for adoption, petitions for guardianships, summons, or subpoenas shall be charged or collected by the circuit clerk or sheriff's office in cases brought in the circuit court under this subchapter by a governmental entity or nonprofit corporation, including, but not limited to, the prosecuting attorney, an attorney ad litem appointed in a dependency-neglect case, or the Department of Human Services. (f) If the circuit clerk's office has a fax machine, the circuit clerk, in cases commenced in the circuit court under this subchapter by a governmental entity or nonprofit corporation, including, but not limited to, the prosecuting attorney, an attorney ad litem appointed in a dependency-neglect case, or the Department of Human Services shall accept facsimile transmissions of any papers filed under this subchapter as described in Rule 5 of the Arkansas Rules of Civil Procedure. (g) An attorney ad litem appointed under § 12-18-1001(e) shall review all relevant information from the juvenile proceeding regarding the child or children for whom protective custody was taken and shall file any pleadings that may be necessary to protect the health, safety, or welfare of the child or children. Amended by Act 2019, No. 910,§ 5131, eff. 7/1/2019. Amended by Act 2015, No. 1017,§ 2, eff. 7/22/2015 Amended by Act 2015, No. 1017,§ 1, eff. 7/22/2015 Acts 1989, No. 273, § 9; 1989 (3rd Ex. Sess.), No. 34, § 1; 1995, No. 533, § 3; 1995, No. 1184, § 18; 1999, No. 1340, §§ 8, 9; 2001, No. 1503, § 3; 2003, No. 1166, § 7; 2005, No. 1990, § 4

(a) Proceedings shall be commenced by filing a petition with the circuit clerk of the circuit court or by transfer by another court.

(b) (1) The prosecuting attorney shall have sole authority to file a delinquency petition or petition for revocation of probation. (2) Only a law enforcement officer, prosecuting attorney, the Department of Human Services or its designee, or a dependency-neglect attorney ad litem employed by or contracting with the Administrative Office of the Courts may file a dependency-neglect petition seeking ex parte emergency relief. (3) Petitions for dependency-neglect or family in need of services may be filed by: (A) Any adult; or (B) Any member ten (10) years of age or older of the immediate family alleged to be in need of services. (4) Petitions for paternity establishment may be filed by: (A) The biological mother; (B) A putative father; (C) A juvenile; or (D) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.

(1) The prosecuting attorney shall have sole authority to file a delinquency petition or petition for revocation of probation.

(2) Only a law enforcement officer, prosecuting attorney, the Department of Human Services or its designee, or a dependency-neglect attorney ad litem employed by or contracting with the Administrative Office of the Courts may file a dependency-neglect petition seeking ex parte emergency relief.

(3) Petitions for dependency-neglect or family in need of services may be filed by: (A) Any adult; or (B) Any member ten (10) years of age or older of the immediate family alleged to be in need of services.

(A) Any adult; or

(B) Any member ten (10) years of age or older of the immediate family alleged to be in need of services.

(4) Petitions for paternity establishment may be filed by: (A) The biological mother; (B) A putative father; (C) A juvenile; or (D) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.

(A) The biological mother;

(B) A putative father;

(C) A juvenile; or

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

(c) Concurrent with filing, a copy of any petition that requests that the Department of Human Services take custody or provide family services shall be mailed to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the Department of Human Services by the petitioner.

(d) (1) A person may submit to the intake officer for investigation a complaint of acts or omissions that if substantiated would constitute delinquency. (2) Upon substantiation, the intake officer may refer the matter to the prosecuting attorney or an appropriate agency.

(1) A person may submit to the intake officer for investigation a complaint of acts or omissions that if substantiated would constitute delinquency.

(2) Upon substantiation, the intake officer may refer the matter to the prosecuting attorney or an appropriate agency.

(e) No fees, including, but not limited to, fees for filings, copying, or faxing, including petitions for adoption, petitions for guardianships, summons, or subpoenas shall be charged or collected by the circuit clerk or sheriff's office in cases brought in the circuit court under this subchapter by a governmental entity or nonprofit corporation, including, but not limited to, the prosecuting attorney, an attorney ad litem appointed in a dependency-neglect case, or the Department of Human Services.

(f) If the circuit clerk's office has a fax machine, the circuit clerk, in cases commenced in the circuit court under this subchapter by a governmental entity or nonprofit corporation, including, but not limited to, the prosecuting attorney, an attorney ad litem appointed in a dependency-neglect case, or the Department of Human Services shall accept facsimile transmissions of any papers filed under this subchapter as described in Rule 5 of the Arkansas Rules of Civil Procedure.

(g) An attorney ad litem appointed under § 12-18-1001(e) shall review all relevant information from the juvenile proceeding regarding the child or children for whom protective custody was taken and shall file any pleadings that may be necessary to protect the health, safety, or welfare of the child or children.

Amended by Act 2019, No. 910,§ 5131, eff. 7/1/2019.

Amended by Act 2015, No. 1017,§ 2, eff. 7/22/2015

Amended by Act 2015, No. 1017,§ 1, eff. 7/22/2015

Acts 1989, No. 273, § 9; 1989 (3rd Ex. Sess.), No. 34, § 1; 1995, No. 533, § 3; 1995, No. 1184, § 18; 1999, No. 1340, §§ 8, 9; 2001, No. 1503, § 3; 2003, No. 1166, § 7; 2005, No. 1990, § 4
Ark. Code Ann. § 9-28-302 — AR Code / Title 9 / Chapter 28 / Subchapter 3 / Section 9-28-302
Security inspections
Status: in_force

(a) (1) In order to assure that citizens of the State of Arkansas, the juveniles committed to facilities operated by or under contract with the Division of Youth Services, and the employees of the facilities are protected from injury and harm, the Secretary of the Department of Corrections or a duly authorized agent is authorized to enter the controlled premises and conduct random and unannounced security inspections of the facilities. (2) The inspection shall include, but is not limited to, a review of: (A) The security measures in place to prevent escapes by the juveniles; (B) The security measures in place to prevent unauthorized persons from entering the facilities; and (C) The use of force by employees of the facilities. (b) Inspections shall include, but shall not be limited to, those standards as provided for in the current Standards for Juvenile Training Schools published by the American Correctional Association in cooperation with the Commission on Accreditation for Corrections. (c) The inspections, while random, shall be performed at least one (1) time per calendar year with specific follow-up inspections by the Department of Corrections to monitor deficiencies and corrections as determined by the Department of Corrections. (d) On or before July 30, 1999, the Department of Human Services shall adopt the current Standards for Juvenile Training Schools published by the American Correctional Association in cooperation with the Commission on Accreditation for Corrections as it relates to safety concerns. (e) (1) The Secretary of the Department of Corrections shall present a list of findings of the random security inspections to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth within one (1) month after conducting the random security inspections. (2) In the event the General Assembly is in session, the Secretary of the Department of Corrections shall provide the report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth. (3) The complete report including, but not limited to, statistics shall be made available to the public. (f) (1) The Secretary of the Department of Human Services or the division shall file the report, along with a response not to exceed two (2) pages, to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth within thirty (30) days of receiving an inspection report prepared by the Department of Corrections. (2) In the event the General Assembly is in session, the Secretary of the Department of Human Services shall provide the response to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth. (3) The response shall include a plan of correction and suggest a means by which the Department of Human Services or the division will correct any deficiencies within thirty (30) days of the filing of the report or within the time frame determined by the Department of Corrections to ensure the health and safety of the juveniles housed at the facility. (g) (1) (A) The Department of Human Services or the division shall develop an internal audit and review to evaluate and monitor all facilities of the division. (B) The internal audit and review shall include without limitation monitoring of all facilities for security concerns. (2) The Department of Corrections will cooperate in training or assisting the Department of Human Services or the division in developing this process as it relates to security concerns. (3) (A) In its quarterly performance reports, the Department of Human Services or the division shall report on its progress to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth. (B) In the event the General Assembly is in session, the Secretary of the Department of Human Services shall provide the report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth. (h) The Secretary of the Department of Human Services shall be required to close any facility when deficiencies are deemed by the Department of Corrections to be a danger to the health or safety of juveniles housed at such facility. (i) The Department of Human Services shall reimburse all expenses and costs to the Department of Corrections necessary to carry out the provisions of this subchapter. (j) Those facilities operated under contract with the division that are required to be inspected by another provision of state or federal law shall not be subject to the provisions of this subchapter. Amended by Act 2019, No. 189,§ 12, eff. 7/1/2020. Amended by Act 2019, No. 910,§ 5142, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5141, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5140, eff. 7/1/2019. Acts 1999, No. 770, § 2

(a) (1) In order to assure that citizens of the State of Arkansas, the juveniles committed to facilities operated by or under contract with the Division of Youth Services, and the employees of the facilities are protected from injury and harm, the Secretary of the Department of Corrections or a duly authorized agent is authorized to enter the controlled premises and conduct random and unannounced security inspections of the facilities. (2) The inspection shall include, but is not limited to, a review of: (A) The security measures in place to prevent escapes by the juveniles; (B) The security measures in place to prevent unauthorized persons from entering the facilities; and (C) The use of force by employees of the facilities.

(1) In order to assure that citizens of the State of Arkansas, the juveniles committed to facilities operated by or under contract with the Division of Youth Services, and the employees of the facilities are protected from injury and harm, the Secretary of the Department of Corrections or a duly authorized agent is authorized to enter the controlled premises and conduct random and unannounced security inspections of the facilities.

(2) The inspection shall include, but is not limited to, a review of: (A) The security measures in place to prevent escapes by the juveniles; (B) The security measures in place to prevent unauthorized persons from entering the facilities; and (C) The use of force by employees of the facilities.

(A) The security measures in place to prevent escapes by the juveniles;

(B) The security measures in place to prevent unauthorized persons from entering the facilities; and

(C) The use of force by employees of the facilities.

(b) Inspections shall include, but shall not be limited to, those standards as provided for in the current Standards for Juvenile Training Schools published by the American Correctional Association in cooperation with the Commission on Accreditation for Corrections.

(c) The inspections, while random, shall be performed at least one (1) time per calendar year with specific follow-up inspections by the Department of Corrections to monitor deficiencies and corrections as determined by the Department of Corrections.

(d) On or before July 30, 1999, the Department of Human Services shall adopt the current Standards for Juvenile Training Schools published by the American Correctional Association in cooperation with the Commission on Accreditation for Corrections as it relates to safety concerns.

(e) (1) The Secretary of the Department of Corrections shall present a list of findings of the random security inspections to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth within one (1) month after conducting the random security inspections. (2) In the event the General Assembly is in session, the Secretary of the Department of Corrections shall provide the report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth. (3) The complete report including, but not limited to, statistics shall be made available to the public.

(1) The Secretary of the Department of Corrections shall present a list of findings of the random security inspections to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth within one (1) month after conducting the random security inspections.

(2) In the event the General Assembly is in session, the Secretary of the Department of Corrections shall provide the report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth.

(3) The complete report including, but not limited to, statistics shall be made available to the public.

(f) (1) The Secretary of the Department of Human Services or the division shall file the report, along with a response not to exceed two (2) pages, to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth within thirty (30) days of receiving an inspection report prepared by the Department of Corrections. (2) In the event the General Assembly is in session, the Secretary of the Department of Human Services shall provide the response to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth. (3) The response shall include a plan of correction and suggest a means by which the Department of Human Services or the division will correct any deficiencies within thirty (30) days of the filing of the report or within the time frame determined by the Department of Corrections to ensure the health and safety of the juveniles housed at the facility.

(1) The Secretary of the Department of Human Services or the division shall file the report, along with a response not to exceed two (2) pages, to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth within thirty (30) days of receiving an inspection report prepared by the Department of Corrections.

(2) In the event the General Assembly is in session, the Secretary of the Department of Human Services shall provide the response to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth.

(3) The response shall include a plan of correction and suggest a means by which the Department of Human Services or the division will correct any deficiencies within thirty (30) days of the filing of the report or within the time frame determined by the Department of Corrections to ensure the health and safety of the juveniles housed at the facility.

(g) (1) (A) The Department of Human Services or the division shall develop an internal audit and review to evaluate and monitor all facilities of the division. (B) The internal audit and review shall include without limitation monitoring of all facilities for security concerns. (2) The Department of Corrections will cooperate in training or assisting the Department of Human Services or the division in developing this process as it relates to security concerns. (3) (A) In its quarterly performance reports, the Department of Human Services or the division shall report on its progress to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth. (B) In the event the General Assembly is in session, the Secretary of the Department of Human Services shall provide the report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth.

(1) (A) The Department of Human Services or the division shall develop an internal audit and review to evaluate and monitor all facilities of the division. (B) The internal audit and review shall include without limitation monitoring of all facilities for security concerns.

(A) The Department of Human Services or the division shall develop an internal audit and review to evaluate and monitor all facilities of the division.

(B) The internal audit and review shall include without limitation monitoring of all facilities for security concerns.

(2) The Department of Corrections will cooperate in training or assisting the Department of Human Services or the division in developing this process as it relates to security concerns.

(3) (A) In its quarterly performance reports, the Department of Human Services or the division shall report on its progress to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth. (B) In the event the General Assembly is in session, the Secretary of the Department of Human Services shall provide the report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth.

(A) In its quarterly performance reports, the Department of Human Services or the division shall report on its progress to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth.

(B) In the event the General Assembly is in session, the Secretary of the Department of Human Services shall provide the report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth.

(h) The Secretary of the Department of Human Services shall be required to close any facility when deficiencies are deemed by the Department of Corrections to be a danger to the health or safety of juveniles housed at such facility.

(i) The Department of Human Services shall reimburse all expenses and costs to the Department of Corrections necessary to carry out the provisions of this subchapter.

(j) Those facilities operated under contract with the division that are required to be inspected by another provision of state or federal law shall not be subject to the provisions of this subchapter.

Amended by Act 2019, No. 189,§ 12, eff. 7/1/2020.

Amended by Act 2019, No. 910,§ 5142, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5141, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5140, eff. 7/1/2019.

Acts 1999, No. 770, § 2
Ark. Code Ann. § 9-9-101 — AR Code / Title 9 / Chapter 9 / Subchapter 1 / Section 9-9-101
Surrender of custody of minor by hospital or birthing center
Status: in_force

(a) After a consent to adoption under § 9-9-208 or a relinquishment of parental rights under § 9-9-220 is executed with regard to a minor in the physical custody of a hospital or birthing center within the State of Arkansas, the biological mother of a minor child may authorize the release of the child from the hospital or birthing center to the petitioner for adoption, the guardian of the minor child, the child placement agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., the Division of Children and Family Services of the Department of Human Services, or the attorney acting on behalf of any of the foregoing entities. (b) (1) A hospital or birthing center release form under this section must: (A) Be executed in writing; (B) Be witnessed by two (2) credible adults; (C) Authorize the petitioner for adoption, the guardian of the minor child, the licensed child placement agency, the division, or the attorney acting on the behalf of any of the foregoing entities to obtain any medical treatment, including circumcision of a male child, reasonably necessary for the care of the minor and to authorize any physician or medical services provider to furnish additional services deemed reasonable and necessary; and (D) Be verified before a person authorized to take oaths. (2) If a hospital or birthing center surrenders custody of a minor child to the petitioner for adoption, the guardian of the minor child, a licensed child placement agency, the division, or the attorney acting on behalf of any of the foregoing entities, the hospital or birthing center releasing the minor shall not be liable to any person because of its acts if the hospital or birthing center has complied with this section. (c) (1) A hospital or birthing center shall comply with the terms of a release executed under this section without requiring a court order. (2) Once the hospital or birthing center release form described in subsection (b) of this section is presented to the hospital or birthing center, the hospital or birthing center shall discharge the minor child to the petitioner for adoption, the guardian of the minor child, a licensed child placement agency, the division, or the attorney acting on the behalf of any of the foregoing entities after the hospital or birthing center is presented photo identification of the receiving party. Acts 1971, No. 169, § 1; A.S.A. 1947, § 56-125; Acts 1987, No. 1060, § 8; 2001, No. 1737, § 1

(a) After a consent to adoption under § 9-9-208 or a relinquishment of parental rights under § 9-9-220 is executed with regard to a minor in the physical custody of a hospital or birthing center within the State of Arkansas, the biological mother of a minor child may authorize the release of the child from the hospital or birthing center to the petitioner for adoption, the guardian of the minor child, the child placement agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., the Division of Children and Family Services of the Department of Human Services, or the attorney acting on behalf of any of the foregoing entities.

(b) (1) A hospital or birthing center release form under this section must: (A) Be executed in writing; (B) Be witnessed by two (2) credible adults; (C) Authorize the petitioner for adoption, the guardian of the minor child, the licensed child placement agency, the division, or the attorney acting on the behalf of any of the foregoing entities to obtain any medical treatment, including circumcision of a male child, reasonably necessary for the care of the minor and to authorize any physician or medical services provider to furnish additional services deemed reasonable and necessary; and (D) Be verified before a person authorized to take oaths. (2) If a hospital or birthing center surrenders custody of a minor child to the petitioner for adoption, the guardian of the minor child, a licensed child placement agency, the division, or the attorney acting on behalf of any of the foregoing entities, the hospital or birthing center releasing the minor shall not be liable to any person because of its acts if the hospital or birthing center has complied with this section.

(1) A hospital or birthing center release form under this section must: (A) Be executed in writing; (B) Be witnessed by two (2) credible adults; (C) Authorize the petitioner for adoption, the guardian of the minor child, the licensed child placement agency, the division, or the attorney acting on the behalf of any of the foregoing entities to obtain any medical treatment, including circumcision of a male child, reasonably necessary for the care of the minor and to authorize any physician or medical services provider to furnish additional services deemed reasonable and necessary; and (D) Be verified before a person authorized to take oaths.

(A) Be executed in writing;

(B) Be witnessed by two (2) credible adults;

(C) Authorize the petitioner for adoption, the guardian of the minor child, the licensed child placement agency, the division, or the attorney acting on the behalf of any of the foregoing entities to obtain any medical treatment, including circumcision of a male child, reasonably necessary for the care of the minor and to authorize any physician or medical services provider to furnish additional services deemed reasonable and necessary; and

(D) Be verified before a person authorized to take oaths.

(2) If a hospital or birthing center surrenders custody of a minor child to the petitioner for adoption, the guardian of the minor child, a licensed child placement agency, the division, or the attorney acting on behalf of any of the foregoing entities, the hospital or birthing center releasing the minor shall not be liable to any person because of its acts if the hospital or birthing center has complied with this section.

(c) (1) A hospital or birthing center shall comply with the terms of a release executed under this section without requiring a court order. (2) Once the hospital or birthing center release form described in subsection (b) of this section is presented to the hospital or birthing center, the hospital or birthing center shall discharge the minor child to the petitioner for adoption, the guardian of the minor child, a licensed child placement agency, the division, or the attorney acting on the behalf of any of the foregoing entities after the hospital or birthing center is presented photo identification of the receiving party.

(1) A hospital or birthing center shall comply with the terms of a release executed under this section without requiring a court order.

(2) Once the hospital or birthing center release form described in subsection (b) of this section is presented to the hospital or birthing center, the hospital or birthing center shall discharge the minor child to the petitioner for adoption, the guardian of the minor child, a licensed child placement agency, the division, or the attorney acting on the behalf of any of the foregoing entities after the hospital or birthing center is presented photo identification of the receiving party.

Acts 1971, No. 169, § 1; A.S.A. 1947, § 56-125; Acts 1987, No. 1060, § 8; 2001, No. 1737, § 1
Ark. Code Ann. § 9-25-104 — AR Code / Title 9 / Chapter 25 / Section 9-25-104
Immediate notification of parents when child in custody
Status: in_force

(a) When the Department of Human Services has taken custody of a minor solely because of the actions of someone other than a custodial parent, the department shall immediately exercise all efforts to identify and locate the custodial parent or custodial parents of the minor. (b) When a parent is identified and located, and if that parent is a custodial parent, the department shall immediately notify the parent as to the location of the minor and of the parent's right to obtain possession of the minor at that location. (c) The department shall not withhold custody or possession of any child from the child's custodial parent or parents unless a petition for dependency-neglect is filed naming the custodial parent or parents as a party. Acts 2001, No. 1245, § 1

(a) When the Department of Human Services has taken custody of a minor solely because of the actions of someone other than a custodial parent, the department shall immediately exercise all efforts to identify and locate the custodial parent or custodial parents of the minor.

(b) When a parent is identified and located, and if that parent is a custodial parent, the department shall immediately notify the parent as to the location of the minor and of the parent's right to obtain possession of the minor at that location.

(c) The department shall not withhold custody or possession of any child from the child's custodial parent or parents unless a petition for dependency-neglect is filed naming the custodial parent or parents as a party.

Acts 2001, No. 1245, § 1
Ark. Code Ann. § 9-13-106 — AR Code / Title 9 / Chapter 13 / Subchapter 1 / Section 9-13-106
Attorney ad litem programs
Status: in_force

(a) The Director of the Administrative Office of the Courts is authorized to establish attorney ad litem programs to represent children in guardianship cases in circuit court when custody is an issue. (b) When a circuit judge determines that the appointment of an attorney ad litem would facilitate a case in which custody is an issue and further protect the rights of the child, the circuit judge may appoint a private attorney to represent the child. (c) (1) The Supreme Court, with advice of the circuit judges, shall adopt standards of practice and qualifications for service for attorneys who seek to be appointed to provide legal representation for children in guardianship cases. (2) (A) In extraordinary cases, the circuit court may appoint an attorney ad litem who does not meet the required standards and qualifications. (B) The attorney may not be appointed in subsequent cases until he or she has made efforts to meet the standards and qualifications. (d) When attorneys are appointed pursuant to subsection (b) of this section, the fees for services and reimburseable expenses shall be paid from funds appropriated for that purpose to the Administrative Office of the Courts. (e) (1) When a judge orders the payment of funds for the fees and expenses authorized by this section, the judge shall transmit a copy of the order to the office, which is authorized to pay the funds. (2) The court may also require the parties to pay all or a portion of the expenses, depending on the ability of the parties to pay. (f) The office shall establish guidelines to provide a maximum amount of expenses and fees per hour and per case that will be paid pursuant to this section. (g) In order to ensure that each judicial district will have an appropriate amount of funds to utilize for ad litem representation in custody cases, the funds appropriated shall be apportioned based upon a formula developed by the office, promulgated by rule, and approved by the Arkansas Judicial Council, Inc. and the Legislative Council. (h) (1) The office shall develop a statistical survey that each attorney who serves as an ad litem shall complete upon the conclusion of the case. (2) Statistics shall include: (A) The ages of children served; (B) Whether the custody issue arises at a divorce or post-divorce stage; (C) Whether psychological services were ordered; and (D) Any other relevant information. Amended by Act 2015, No. 1258,§ 12, eff. 7/22/2015 Acts 1999, No. 708, § 3

(a) The Director of the Administrative Office of the Courts is authorized to establish attorney ad litem programs to represent children in guardianship cases in circuit court when custody is an issue.

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

(c) (1) The Supreme Court, with advice of the circuit judges, shall adopt standards of practice and qualifications for service for attorneys who seek to be appointed to provide legal representation for children in guardianship cases. (2) (A) In extraordinary cases, the circuit court may appoint an attorney ad litem who does not meet the required standards and qualifications. (B) The attorney may not be appointed in subsequent cases until he or she has made efforts to meet the standards and qualifications.

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

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

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

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

(d) When attorneys are appointed pursuant to subsection (b) of this section, the fees for services and reimburseable expenses shall be paid from funds appropriated for that purpose to the Administrative Office of the Courts.

(e) (1) When a judge orders the payment of funds for the fees and expenses authorized by this section, the judge shall transmit a copy of the order to the office, which is authorized to pay the funds. (2) The court may also require the parties to pay all or a portion of the expenses, depending on the ability of the parties to pay.

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

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

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

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

(h) (1) The office shall develop a statistical survey that each attorney who serves as an ad litem shall complete upon the conclusion of the case. (2) Statistics shall include: (A) The ages of children served; (B) Whether the custody issue arises at a divorce or post-divorce stage; (C) Whether psychological services were ordered; and (D) Any other relevant information.

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

(2) Statistics shall include: (A) The ages of children served; (B) Whether the custody issue arises at a divorce or post-divorce stage; (C) Whether psychological services were ordered; and (D) Any other relevant information.

(A) The ages of children served;

(B) Whether the custody issue arises at a divorce or post-divorce stage;

(C) Whether psychological services were ordered; and

(D) Any other relevant information.

Amended by Act 2015, No. 1258,§ 12, eff. 7/22/2015

Acts 1999, No. 708, § 3
Ark. Code Ann. § 9-8-304 — AR Code / Title 9 / Chapter 8 / Subchapter 3 / Section 9-8-304
[Repealed]
Status: repealed

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

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

Init. Meas. 2008, No. 1, § 1
Ark. Code Ann. § 9-10-121 — AR Code / Title 9 / Chapter 10 / Subchapter 1 / Section 9-10-121
Termination of certain parental rights for putative fathers convicted of rape
Status: in_force

(a) All rights of a putative father to custody, visitation, or other contact with a child conceived as a result of a rape shall be terminated immediately upon conviction of the rape in which the child was conceived under § 5-14-103 . (b) The biological mother of a child conceived as a result of rape may petition the court under § 9-10-104 to reinstate the parental rights of a putative father terminated under subsection (a) of this section. (c) A putative father to a child conceived as a result of rape shall pay child support as provided under § 9-10-109 . (d) A child conceived as a result of rape is entitled to: (1) Child support under § 9-10-109 ; and (2) Inheritance under the Arkansas Inheritance Code of 1969, § 28-9-201 et seq. Added by Act 2013, No. 210,§ 1, eff. 3/1/2013

(a) All rights of a putative father to custody, visitation, or other contact with a child conceived as a result of a rape shall be terminated immediately upon conviction of the rape in which the child was conceived under § 5-14-103 .

(b) The biological mother of a child conceived as a result of rape may petition the court under § 9-10-104 to reinstate the parental rights of a putative father terminated under subsection (a) of this section.

(c) A putative father to a child conceived as a result of rape shall pay child support as provided under § 9-10-109 .

(d) A child conceived as a result of rape is entitled to: (1) Child support under § 9-10-109 ; and (2) Inheritance under the Arkansas Inheritance Code of 1969, § 28-9-201 et seq.

(1) Child support under § 9-10-109 ; and

(2) Inheritance under the Arkansas Inheritance Code of 1969, § 28-9-201 et seq.

Added by Act 2013, No. 210,§ 1, eff. 3/1/2013
Ark. Code Ann. § 9-11-211 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-211
Military personnel - Waiver of certain license requirements - Proceedings
Status: in_force

(a) (1) Upon written petition being filed with the county clerk of any county in this state, the county court, after hearing, may in its discretion waive by written order the requirement of bond, as prescribed by § 9-11-210 , and the consent of parents, as required by §§ 9-11-102 - 9-11-105 . The court may authorize and direct the county clerk to forthwith issue a license to marry to any resident of this state who is on active duty with the United States Armed Forces or to any resident of this state to marry a person who is on active duty with the United States Armed Forces. (2) Nothing in this section is to be considered as reducing the statutory marriageable age of females not in the military service. (b) (1) The petition shall be signed and properly verified by both the parties seeking the license to marry and shall be styled "In the Matter of the Issuance of a Marriage License to a Member of the Armed Forces of the United States of America". (2) The petition shall set out the full name and address of each party, the military serial number of the service man or woman, rank, and military organization to which he or she is attached. (3) The birth certificate of the nonservice man or woman shall be attached to the petition as an exhibit. (4) The parties shall personally appear before the court, and the service man or woman will appear in uniform and exhibit to the court his or her military identification card. (5) The parties will be required to execute the notice of intention to wed as prescribed by § 9-11-205 and file the notice with the county clerk. (c) The county courts of this state for the purpose of this section shall be open and in session during regular office hours. Acts 1967, No. 380, §§ 1-3; A.S.A. 1947, §§ 55-247 -- 55-249

(a) (1) Upon written petition being filed with the county clerk of any county in this state, the county court, after hearing, may in its discretion waive by written order the requirement of bond, as prescribed by § 9-11-210 , and the consent of parents, as required by §§ 9-11-102 - 9-11-105 . The court may authorize and direct the county clerk to forthwith issue a license to marry to any resident of this state who is on active duty with the United States Armed Forces or to any resident of this state to marry a person who is on active duty with the United States Armed Forces. (2) Nothing in this section is to be considered as reducing the statutory marriageable age of females not in the military service.

(1) Upon written petition being filed with the county clerk of any county in this state, the county court, after hearing, may in its discretion waive by written order the requirement of bond, as prescribed by § 9-11-210 , and the consent of parents, as required by §§ 9-11-102 - 9-11-105 . The court may authorize and direct the county clerk to forthwith issue a license to marry to any resident of this state who is on active duty with the United States Armed Forces or to any resident of this state to marry a person who is on active duty with the United States Armed Forces.

(2) Nothing in this section is to be considered as reducing the statutory marriageable age of females not in the military service.

(b) (1) The petition shall be signed and properly verified by both the parties seeking the license to marry and shall be styled "In the Matter of the Issuance of a Marriage License to a Member of the Armed Forces of the United States of America". (2) The petition shall set out the full name and address of each party, the military serial number of the service man or woman, rank, and military organization to which he or she is attached. (3) The birth certificate of the nonservice man or woman shall be attached to the petition as an exhibit. (4) The parties shall personally appear before the court, and the service man or woman will appear in uniform and exhibit to the court his or her military identification card. (5) The parties will be required to execute the notice of intention to wed as prescribed by § 9-11-205 and file the notice with the county clerk.

(1) The petition shall be signed and properly verified by both the parties seeking the license to marry and shall be styled "In the Matter of the Issuance of a Marriage License to a Member of the Armed Forces of the United States of America".

(2) The petition shall set out the full name and address of each party, the military serial number of the service man or woman, rank, and military organization to which he or she is attached.

(3) The birth certificate of the nonservice man or woman shall be attached to the petition as an exhibit.

(4) The parties shall personally appear before the court, and the service man or woman will appear in uniform and exhibit to the court his or her military identification card.

(5) The parties will be required to execute the notice of intention to wed as prescribed by § 9-11-205 and file the notice with the county clerk.

(c) The county courts of this state for the purpose of this section shall be open and in session during regular office hours.

Acts 1967, No. 380, §§ 1-3; A.S.A. 1947, §§ 55-247 -- 55-249
Ark. Code Ann. § 9-27-342 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-342
Proceedings concerning juveniles for whom paternity not established
Status: in_force

(a) Absent orders of a circuit court or another court of competent jurisdiction to the contrary, the biological mother, whether adult or minor, of a juvenile for whom paternity has not been established is deemed to be the natural guardian of that juvenile and is entitled to the care, custody, and control of that juvenile. (b) The biological mother, the putative father, the juvenile himself or herself, or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration may bring an action to establish paternity or support of a juvenile for whom paternity has not been established. (c) (1) If the juvenile is not born when the parties appear before the court, the court may hear evidence and issue temporary orders and findings pending the birth of the juvenile. (2) In the event the final order is contrary to the temporary one, the court shall render judgment for the amount paid under the temporary order against the petitioner if such was the biological mother. (3) If the mother dies before the final order, the action may be revived in the name of the juvenile, and the mother's testimony at the temporary hearing may be introduced in the final hearing. (d) Upon an adjudication by the court that the putative father is the father of the juvenile, the court shall follow the same guidelines, procedures, and requirements as established by the laws of this state applicable to child support orders and judgments entered upon divorce. The court may award court costs and attorney's fees. (e) If paternity has been established in a court of competent jurisdiction, a father may petition the court in the county where the juvenile resides for custody of the juvenile. The court may award custody to a father who has had paternity established if the court finds by a preponderance of the evidence that: (1) He is a fit parent to raise the juvenile; (2) He has assumed his responsibilities toward the juvenile by providing care, supervision, protection, and financial support for the juvenile; and (3) It is in the best interest of the juvenile to award custody to the father. (f) At the request of either party in a paternity action, the trial court shall direct that the putative father, biological mother, and juvenile submit to one (1) or more blood tests or other scientific examinations or tests, including deoxyribonucleic acid typing, to determine whether or not the putative father can be excluded as being the father of the juvenile and to establish the probability of paternity if the test does not exclude the putative father. (g) The tests shall be made by a duly qualified physician or physicians, or by another duly qualified person or persons, not to exceed three (3), to be appointed by the court. (h) (1) The results of the tests shall be receivable in evidence. (2) (A) A written report of the test results by the duly qualified expert performing the test, or by a duly qualified expert under whose supervision and direction the test and analysis have been performed, certified by an affidavit duly subscribed and sworn to by the expert before a notary public, may be introduced in evidence in illegitimacy actions without calling the expert as a witness. If either party shall desire to question the expert, the party shall have the expert subpoenaed within a reasonable time prior to trial. (B) If the results of the paternity tests establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the juvenile and after corroborating testimony of the mother in regard to access during the probable period of conception, this shall constitute a prima facie case of establishment of paternity and the burden of proof shall shift to the putative father to rebut such proof. (3) The experts shall be subject to cross-examination by both parties after the court has caused them to disclose their findings. (i) Whenever the court orders the blood tests to be taken and one (1) of the parties refuses to submit to the test, that fact shall be disclosed upon the trial unless good cause is shown to the contrary. (j) The costs of the test and witness fees shall be taxed by the court as other costs in the case. (k) Whenever it shall be relevant to the prosecution or the defense in a paternity action, blood tests that exclude third parties as the father of the juvenile shall be the same as set out in subsections (f) and (g) of this section. (l) The refusal of a party to submit to a genetic or other ordered test is admissible at a hearing to determine paternity only as to the credibility of the party. (m) If a male witness offers testimony indicating that his act of intercourse with the mother may have resulted in the conception of the juvenile, the court may require the witness to submit to genetic or other tests to determine whether he is the juvenile's father. Amended by Act 2015, No. 825,§ 4, eff. 7/22/2015 Acts 1989, No. 273, § 41; 1995, No. 1184, § 20; 2003, No. 1166, § 20

(a) Absent orders of a circuit court or another court of competent jurisdiction to the contrary, the biological mother, whether adult or minor, of a juvenile for whom paternity has not been established is deemed to be the natural guardian of that juvenile and is entitled to the care, custody, and control of that juvenile.

(b) The biological mother, the putative father, the juvenile himself or herself, or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration may bring an action to establish paternity or support of a juvenile for whom paternity has not been established.

(c) (1) If the juvenile is not born when the parties appear before the court, the court may hear evidence and issue temporary orders and findings pending the birth of the juvenile. (2) In the event the final order is contrary to the temporary one, the court shall render judgment for the amount paid under the temporary order against the petitioner if such was the biological mother. (3) If the mother dies before the final order, the action may be revived in the name of the juvenile, and the mother's testimony at the temporary hearing may be introduced in the final hearing.

(1) If the juvenile is not born when the parties appear before the court, the court may hear evidence and issue temporary orders and findings pending the birth of the juvenile.

(2) In the event the final order is contrary to the temporary one, the court shall render judgment for the amount paid under the temporary order against the petitioner if such was the biological mother.

(3) If the mother dies before the final order, the action may be revived in the name of the juvenile, and the mother's testimony at the temporary hearing may be introduced in the final hearing.

(d) Upon an adjudication by the court that the putative father is the father of the juvenile, the court shall follow the same guidelines, procedures, and requirements as established by the laws of this state applicable to child support orders and judgments entered upon divorce. The court may award court costs and attorney's fees.

(e) If paternity has been established in a court of competent jurisdiction, a father may petition the court in the county where the juvenile resides for custody of the juvenile. The court may award custody to a father who has had paternity established if the court finds by a preponderance of the evidence that: (1) He is a fit parent to raise the juvenile; (2) He has assumed his responsibilities toward the juvenile by providing care, supervision, protection, and financial support for the juvenile; and (3) It is in the best interest of the juvenile to award custody to the father.

(1) He is a fit parent to raise the juvenile;

(2) He has assumed his responsibilities toward the juvenile by providing care, supervision, protection, and financial support for the juvenile; and

(3) It is in the best interest of the juvenile to award custody to the father.

(f) At the request of either party in a paternity action, the trial court shall direct that the putative father, biological mother, and juvenile submit to one (1) or more blood tests or other scientific examinations or tests, including deoxyribonucleic acid typing, to determine whether or not the putative father can be excluded as being the father of the juvenile and to establish the probability of paternity if the test does not exclude the putative father.

(g) The tests shall be made by a duly qualified physician or physicians, or by another duly qualified person or persons, not to exceed three (3), to be appointed by the court.

(h) (1) The results of the tests shall be receivable in evidence. (2) (A) A written report of the test results by the duly qualified expert performing the test, or by a duly qualified expert under whose supervision and direction the test and analysis have been performed, certified by an affidavit duly subscribed and sworn to by the expert before a notary public, may be introduced in evidence in illegitimacy actions without calling the expert as a witness. If either party shall desire to question the expert, the party shall have the expert subpoenaed within a reasonable time prior to trial. (B) If the results of the paternity tests establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the juvenile and after corroborating testimony of the mother in regard to access during the probable period of conception, this shall constitute a prima facie case of establishment of paternity and the burden of proof shall shift to the putative father to rebut such proof. (3) The experts shall be subject to cross-examination by both parties after the court has caused them to disclose their findings.

(1) The results of the tests shall be receivable in evidence.

(2) (A) A written report of the test results by the duly qualified expert performing the test, or by a duly qualified expert under whose supervision and direction the test and analysis have been performed, certified by an affidavit duly subscribed and sworn to by the expert before a notary public, may be introduced in evidence in illegitimacy actions without calling the expert as a witness. If either party shall desire to question the expert, the party shall have the expert subpoenaed within a reasonable time prior to trial. (B) If the results of the paternity tests establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the juvenile and after corroborating testimony of the mother in regard to access during the probable period of conception, this shall constitute a prima facie case of establishment of paternity and the burden of proof shall shift to the putative father to rebut such proof.

(A) A written report of the test results by the duly qualified expert performing the test, or by a duly qualified expert under whose supervision and direction the test and analysis have been performed, certified by an affidavit duly subscribed and sworn to by the expert before a notary public, may be introduced in evidence in illegitimacy actions without calling the expert as a witness. If either party shall desire to question the expert, the party shall have the expert subpoenaed within a reasonable time prior to trial.

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

(3) The experts shall be subject to cross-examination by both parties after the court has caused them to disclose their findings.

(i) Whenever the court orders the blood tests to be taken and one (1) of the parties refuses to submit to the test, that fact shall be disclosed upon the trial unless good cause is shown to the contrary.

(j) The costs of the test and witness fees shall be taxed by the court as other costs in the case.

(k) Whenever it shall be relevant to the prosecution or the defense in a paternity action, blood tests that exclude third parties as the father of the juvenile shall be the same as set out in subsections (f) and (g) of this section.

(l) The refusal of a party to submit to a genetic or other ordered test is admissible at a hearing to determine paternity only as to the credibility of the party.

(m) If a male witness offers testimony indicating that his act of intercourse with the mother may have resulted in the conception of the juvenile, the court may require the witness to submit to genetic or other tests to determine whether he is the juvenile's father.

Amended by Act 2015, No. 825,§ 4, eff. 7/22/2015

Acts 1989, No. 273, § 41; 1995, No. 1184, § 20; 2003, No. 1166, § 20
Ark. Code Ann. § 9-14-804 — AR Code / Title 9 / Chapter 14 / Subchapter 8 / Section 9-14-804
Payments - Effect
Status: in_force

(a) (1) All child support payments made on cases brought pursuant to Title IV-D shall be paid through the clearinghouse to be operated under the auspices of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. (2) Alimony payments may be paid through the clearinghouse if an order to pay child support is included in the order of alimony. (3) Support payments under § 9-14-803(b) and any other payments required by court order to be made through the registry of the court or through the clerk of the court shall be made to the clearinghouse. (b) (1) All orders directing payments through the clearinghouse shall set forth a fee to be paid by the noncustodial parent or obligated spouse in the amount of thirty-six dollars ($36.00) per year, or nine dollars ($9.00) per quarter at the option of the obligated parent, until no children remain minor, the child support obligation is extinguished, and any arrears are completely satisfied. (2) If the court sets an annual fee or a pro rata amount representing the portion of the fee due for the remainder of the calendar year, it shall be collected from the noncustodial parent or obligated spouse at the time of the first payment, and a thirty-six-dollar fee shall be collected in January of each year thereafter until no children remain minor and the support obligation is extinguished. (3) The office shall have all rights and responsibilities of the clerk of the court, including, but not limited to, those rights and responsibilities set out in §§ 9-10-109 and 9-12-312 . (c) In all cases transferred to the clearinghouse by the clerk of the court, the fee paid by the noncustodial parent pursuant to §§ 9-10-109 and 9-12-312 paid subsequent to the transfer of the case shall be paid to the clearinghouse. Amended by Act 2019, No. 904,§ 11, eff. 1/1/2020. Acts 1995, No. 1344, § 4; 1997, No. 1296, § 36; 1999, No. 1514, § 20

(a) (1) All child support payments made on cases brought pursuant to Title IV-D shall be paid through the clearinghouse to be operated under the auspices of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. (2) Alimony payments may be paid through the clearinghouse if an order to pay child support is included in the order of alimony. (3) Support payments under § 9-14-803(b) and any other payments required by court order to be made through the registry of the court or through the clerk of the court shall be made to the clearinghouse.

(1) All child support payments made on cases brought pursuant to Title IV-D shall be paid through the clearinghouse to be operated under the auspices of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.

(2) Alimony payments may be paid through the clearinghouse if an order to pay child support is included in the order of alimony.

(3) Support payments under § 9-14-803(b) and any other payments required by court order to be made through the registry of the court or through the clerk of the court shall be made to the clearinghouse.

(b) (1) All orders directing payments through the clearinghouse shall set forth a fee to be paid by the noncustodial parent or obligated spouse in the amount of thirty-six dollars ($36.00) per year, or nine dollars ($9.00) per quarter at the option of the obligated parent, until no children remain minor, the child support obligation is extinguished, and any arrears are completely satisfied. (2) If the court sets an annual fee or a pro rata amount representing the portion of the fee due for the remainder of the calendar year, it shall be collected from the noncustodial parent or obligated spouse at the time of the first payment, and a thirty-six-dollar fee shall be collected in January of each year thereafter until no children remain minor and the support obligation is extinguished. (3) The office shall have all rights and responsibilities of the clerk of the court, including, but not limited to, those rights and responsibilities set out in §§ 9-10-109 and 9-12-312 .

(1) All orders directing payments through the clearinghouse shall set forth a fee to be paid by the noncustodial parent or obligated spouse in the amount of thirty-six dollars ($36.00) per year, or nine dollars ($9.00) per quarter at the option of the obligated parent, until no children remain minor, the child support obligation is extinguished, and any arrears are completely satisfied.

(2) If the court sets an annual fee or a pro rata amount representing the portion of the fee due for the remainder of the calendar year, it shall be collected from the noncustodial parent or obligated spouse at the time of the first payment, and a thirty-six-dollar fee shall be collected in January of each year thereafter until no children remain minor and the support obligation is extinguished.

(3) The office shall have all rights and responsibilities of the clerk of the court, including, but not limited to, those rights and responsibilities set out in §§ 9-10-109 and 9-12-312 .

(c) In all cases transferred to the clearinghouse by the clerk of the court, the fee paid by the noncustodial parent pursuant to §§ 9-10-109 and 9-12-312 paid subsequent to the transfer of the case shall be paid to the clearinghouse.

Amended by Act 2019, No. 904,§ 11, eff. 1/1/2020.

Acts 1995, No. 1344, § 4; 1997, No. 1296, § 36; 1999, No. 1514, § 20
Ark. Code Ann. § 9-9-213 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-213
Required residence of minor
Status: in_force

(a) A final decree of adoption shall not be issued and an interlocutory decree of adoption does not become final until the minor to be adopted, other than a stepchild of the petitioner, has lived in the home for at least six (6) months after placement by an agency or for at least six (6) months after the petition for adoption is filed. (b) Residence in the home is not required for a minor to be adopted if the minor is in the custody of the Department of Human Services, and the minor must reside outside of the home to receive medically necessary health care. (c) This section does not apply to a minor who is: (1) Less than six (6) months of age at the time the petition for adoption is filed; and (2) Not in the custody of the Department of Human Services. Amended by Act 2023, No. 639,§ 5, eff. 8/1/2023. Amended by Act 2013, No. 471,§ 2, eff. 8/16/2013 Acts 1977, No. 735, § 13; A.S.A. 1947, § 56-213; Acts 1999, No. 518, § 1; 2011, No. 607, § 3

(a) A final decree of adoption shall not be issued and an interlocutory decree of adoption does not become final until the minor to be adopted, other than a stepchild of the petitioner, has lived in the home for at least six (6) months after placement by an agency or for at least six (6) months after the petition for adoption is filed.

(b) Residence in the home is not required for a minor to be adopted if the minor is in the custody of the Department of Human Services, and the minor must reside outside of the home to receive medically necessary health care.

(c) This section does not apply to a minor who is: (1) Less than six (6) months of age at the time the petition for adoption is filed; and (2) Not in the custody of the Department of Human Services.

(1) Less than six (6) months of age at the time the petition for adoption is filed; and

(2) Not in the custody of the Department of Human Services.

Amended by Act 2023, No. 639,§ 5, eff. 8/1/2023.

Amended by Act 2013, No. 471,§ 2, eff. 8/16/2013

Acts 1977, No. 735, § 13; A.S.A. 1947, § 56-213; Acts 1999, No. 518, § 1; 2011, No. 607, § 3
Ark. Code Ann. § 9-27-503 — AR Code / Title 9 / Chapter 27 / Subchapter 5 / Section 9-27-503
Designation hearing
Status: in_force

(a) (1) When a party requests an extended juvenile jurisdiction designation, the court shall hold a designation hearing within thirty (30) days if the juvenile is detained and no longer than ninety (90) days following the petition or motion requesting such designation. (2) These time limitations shall be tolled during the pendency of any competency issues. (b) The party requesting the extended juvenile jurisdiction designation has the burden to prove by a preponderance of the evidence that such a designation is warranted. (c) The court shall make written findings and consider all of the following factors in making its determination to designate a juvenile as an extended juvenile jurisdiction offender: (1) The seriousness of the alleged offense and whether the protection of society requires prosecution as an extended juvenile jurisdiction offender; (2) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; (3) Whether the offense was against a person or property, with greater weight being given to offenses against persons, especially if personal injury resulted; (4) The culpability of the juvenile, including the level of planning and participation in the alleged offense; (5) The previous history of the juvenile, including whether the juvenile had been adjudicated delinquent and, if so, whether the offenses were against persons or property and any other previous history of antisocial behavior or patterns of physical violence; (6) The sophistication and maturity of the juvenile, as determined by consideration of the juvenile's home, environment, emotional attitude, pattern of living, or desire to be treated as an adult; (7) Whether there are facilities or programs available to the court that are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction; (8) Whether the juvenile acted alone or was part of a group in the commission of the alleged offense; (9) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (10) Any other factors deemed relevant by the court. (d) Upon finding that the juvenile shall be treated as an extended juvenile jurisdiction offender, the court shall enter its written findings and inform the juvenile of his or her right to a jury trial and shall set a date for the adjudication. (e) If the court denies the request for extended juvenile jurisdiction, the court shall enter its written findings and proceed with the case as a delinquency proceeding. (f) For purposes of appeal, a designation order is a final appealable order and shall be subject to an interlocutory appeal. Acts 1999, No. 1192, § 3

(a) (1) When a party requests an extended juvenile jurisdiction designation, the court shall hold a designation hearing within thirty (30) days if the juvenile is detained and no longer than ninety (90) days following the petition or motion requesting such designation. (2) These time limitations shall be tolled during the pendency of any competency issues.

(1) When a party requests an extended juvenile jurisdiction designation, the court shall hold a designation hearing within thirty (30) days if the juvenile is detained and no longer than ninety (90) days following the petition or motion requesting such designation.

(2) These time limitations shall be tolled during the pendency of any competency issues.

(b) The party requesting the extended juvenile jurisdiction designation has the burden to prove by a preponderance of the evidence that such a designation is warranted.

(c) The court shall make written findings and consider all of the following factors in making its determination to designate a juvenile as an extended juvenile jurisdiction offender: (1) The seriousness of the alleged offense and whether the protection of society requires prosecution as an extended juvenile jurisdiction offender; (2) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; (3) Whether the offense was against a person or property, with greater weight being given to offenses against persons, especially if personal injury resulted; (4) The culpability of the juvenile, including the level of planning and participation in the alleged offense; (5) The previous history of the juvenile, including whether the juvenile had been adjudicated delinquent and, if so, whether the offenses were against persons or property and any other previous history of antisocial behavior or patterns of physical violence; (6) The sophistication and maturity of the juvenile, as determined by consideration of the juvenile's home, environment, emotional attitude, pattern of living, or desire to be treated as an adult; (7) Whether there are facilities or programs available to the court that are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction; (8) Whether the juvenile acted alone or was part of a group in the commission of the alleged offense; (9) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (10) Any other factors deemed relevant by the court.

(1) The seriousness of the alleged offense and whether the protection of society requires prosecution as an extended juvenile jurisdiction offender;

(2) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;

(3) Whether the offense was against a person or property, with greater weight being given to offenses against persons, especially if personal injury resulted;

(4) The culpability of the juvenile, including the level of planning and participation in the alleged offense;

(5) The previous history of the juvenile, including whether the juvenile had been adjudicated delinquent and, if so, whether the offenses were against persons or property and any other previous history of antisocial behavior or patterns of physical violence;

(6) The sophistication and maturity of the juvenile, as determined by consideration of the juvenile's home, environment, emotional attitude, pattern of living, or desire to be treated as an adult;

(7) Whether there are facilities or programs available to the court that are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction;

(8) Whether the juvenile acted alone or was part of a group in the commission of the alleged offense;

(9) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and

(10) Any other factors deemed relevant by the court.

(d) Upon finding that the juvenile shall be treated as an extended juvenile jurisdiction offender, the court shall enter its written findings and inform the juvenile of his or her right to a jury trial and shall set a date for the adjudication.

(e) If the court denies the request for extended juvenile jurisdiction, the court shall enter its written findings and proceed with the case as a delinquency proceeding.

(f) For purposes of appeal, a designation order is a final appealable order and shall be subject to an interlocutory appeal.

Acts 1999, No. 1192, § 3
Ark. Code Ann. § 9-14-218 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-218
Income withholding - Time of taking effect generally - Forms
Status: in_force

(a) (1) In all decrees or orders that provide for the payment of money for the support and care of any children, the court shall include a provision directing a payor to deduct from: (A) Money, income, or periodic earnings due the noncustodial parent an amount that is sufficient to meet the periodic child support payments imposed by the court plus an additional amount of not less than twenty percent (20%) of the periodic child support payment to be applied toward liquidation of any accrued arrearage due under the order; and (B) Any lump-sum payment as defined in § 9-14-201 , the full amount of past due support owed by the noncustodial parent not to exceed fifty percent (50%) of the net lump-sum payment. (2) The use of income withholding does not constitute an election of remedies and does not preclude the use of other enforcement remedies. (b) Income withholding shall apply to current and subsequent periods of employment, if used in employment, or remuneration, once activated. (c) (1) Any forms necessary to provide notice, affidavits, or any other matter that is required by this subchapter to enforce the payment of child support shall be devised by the State Commission on Child Support [abolished] with advice from the Administrative Office of the Courts. (2) Upon the approval of the forms by the Chief Justice of the Supreme Court, the forms shall be used on a statewide basis in all cases requiring an order or notice of income withholding for child support. (3) Any necessary changes in the forms shall be the responsibility of the Supreme Court. (4) Distribution of the forms shall be the responsibility of the Administrative Office of the Courts. (d) All judgments for past due support shall include, in the same paragraph denoting the judgment amount, a statement that the amount is subject to reduction through income withholding to put third parties on notice that the amount currently owed may differ from that reflected in the judgment. (e) In cases brought pursuant to Title IV-D of the Social Security Act, with support orders effective prior to October 1, 1989, income withholding shall take effect immediately in any child support case at the request or upon the consent of the noncustodial parent or on the date the court grants an approved request of the custodial parent brought in accordance with procedures and standards as established by the Title IV-D agency. (f) In those cases in which a support order has been issued or modified after August 2, 1985, without the inclusion of an income withholding provision, income withholding may be initiated in accord with procedures set forth in § 9-14-221 whenever child support arrearages owed by the noncustodial parent equal the total amount of court-ordered support payable for thirty (30) days. Acts 1985, No. 989, § 7; A.S.A. 1947, § 34-1225; Acts 1987, No. 719, § 2; 1989, No. 948, § 5; 1991, No. 1095, §§ 3, 4; 1993, No. 396, § 1; 1994 (1st Ex. Sess.), No. 5, § 1; 1995, No. 1184, § 26; 1997, No. 1296, § 27; 1999, No. 1514, § 12; 2003, No. 1020, § 5; 2007, No. 713, § 3

(a) (1) In all decrees or orders that provide for the payment of money for the support and care of any children, the court shall include a provision directing a payor to deduct from: (A) Money, income, or periodic earnings due the noncustodial parent an amount that is sufficient to meet the periodic child support payments imposed by the court plus an additional amount of not less than twenty percent (20%) of the periodic child support payment to be applied toward liquidation of any accrued arrearage due under the order; and (B) Any lump-sum payment as defined in § 9-14-201 , the full amount of past due support owed by the noncustodial parent not to exceed fifty percent (50%) of the net lump-sum payment. (2) The use of income withholding does not constitute an election of remedies and does not preclude the use of other enforcement remedies.

(1) In all decrees or orders that provide for the payment of money for the support and care of any children, the court shall include a provision directing a payor to deduct from: (A) Money, income, or periodic earnings due the noncustodial parent an amount that is sufficient to meet the periodic child support payments imposed by the court plus an additional amount of not less than twenty percent (20%) of the periodic child support payment to be applied toward liquidation of any accrued arrearage due under the order; and (B) Any lump-sum payment as defined in § 9-14-201 , the full amount of past due support owed by the noncustodial parent not to exceed fifty percent (50%) of the net lump-sum payment.

(A) Money, income, or periodic earnings due the noncustodial parent an amount that is sufficient to meet the periodic child support payments imposed by the court plus an additional amount of not less than twenty percent (20%) of the periodic child support payment to be applied toward liquidation of any accrued arrearage due under the order; and

(B) Any lump-sum payment as defined in § 9-14-201 , the full amount of past due support owed by the noncustodial parent not to exceed fifty percent (50%) of the net lump-sum payment.

(2) The use of income withholding does not constitute an election of remedies and does not preclude the use of other enforcement remedies.

(b) Income withholding shall apply to current and subsequent periods of employment, if used in employment, or remuneration, once activated.

(c) (1) Any forms necessary to provide notice, affidavits, or any other matter that is required by this subchapter to enforce the payment of child support shall be devised by the State Commission on Child Support [abolished] with advice from the Administrative Office of the Courts. (2) Upon the approval of the forms by the Chief Justice of the Supreme Court, the forms shall be used on a statewide basis in all cases requiring an order or notice of income withholding for child support. (3) Any necessary changes in the forms shall be the responsibility of the Supreme Court. (4) Distribution of the forms shall be the responsibility of the Administrative Office of the Courts.

(1) Any forms necessary to provide notice, affidavits, or any other matter that is required by this subchapter to enforce the payment of child support shall be devised by the State Commission on Child Support [abolished] with advice from the Administrative Office of the Courts.

(2) Upon the approval of the forms by the Chief Justice of the Supreme Court, the forms shall be used on a statewide basis in all cases requiring an order or notice of income withholding for child support.

(3) Any necessary changes in the forms shall be the responsibility of the Supreme Court.

(4) Distribution of the forms shall be the responsibility of the Administrative Office of the Courts.

(d) All judgments for past due support shall include, in the same paragraph denoting the judgment amount, a statement that the amount is subject to reduction through income withholding to put third parties on notice that the amount currently owed may differ from that reflected in the judgment.

(e) In cases brought pursuant to Title IV-D of the Social Security Act, with support orders effective prior to October 1, 1989, income withholding shall take effect immediately in any child support case at the request or upon the consent of the noncustodial parent or on the date the court grants an approved request of the custodial parent brought in accordance with procedures and standards as established by the Title IV-D agency.

(f) In those cases in which a support order has been issued or modified after August 2, 1985, without the inclusion of an income withholding provision, income withholding may be initiated in accord with procedures set forth in § 9-14-221 whenever child support arrearages owed by the noncustodial parent equal the total amount of court-ordered support payable for thirty (30) days.

Acts 1985, No. 989, § 7; A.S.A. 1947, § 34-1225; Acts 1987, No. 719, § 2; 1989, No. 948, § 5; 1991, No. 1095, §§ 3, 4; 1993, No. 396, § 1; 1994 (1st Ex. Sess.), No. 5, § 1; 1995, No. 1184, § 26; 1997, No. 1296, § 27; 1999, No. 1514, § 12; 2003, No. 1020, § 5; 2007, No. 713, § 3
Ark. Code Ann. § 9-15-215 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-215
Factors in determining custody and visitation
Status: in_force

(a) In addition to other factors that a circuit court shall consider in a proceeding in which the temporary custody of a child or temporary visitation by a parent is at issue and in which the court has made a finding of domestic or family violence, the court shall consider: (1) As primary the safety and well-being of the child and of the parent who is the plaintiff of domestic or family violence; and (2) The defendant's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person. (b) If a parent is absent or relocates because of an act of domestic or family violence by the other parent, the absence or relocation is not a factor that weighs against the parent in determining custody or visitation. (c) There shall be a rebuttable presumption that it is not in the best interest of the child to be placed in the custody of an abusive parent in cases in which there is a finding by a preponderance of the evidence that a pattern of abuse has occurred. Acts 1999, No. 1551, § 8; 2001, No. 1235, § 2

(a) In addition to other factors that a circuit court shall consider in a proceeding in which the temporary custody of a child or temporary visitation by a parent is at issue and in which the court has made a finding of domestic or family violence, the court shall consider: (1) As primary the safety and well-being of the child and of the parent who is the plaintiff of domestic or family violence; and (2) The defendant's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person.

(1) As primary the safety and well-being of the child and of the parent who is the plaintiff of domestic or family violence; and

(2) The defendant's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person.

(b) If a parent is absent or relocates because of an act of domestic or family violence by the other parent, the absence or relocation is not a factor that weighs against the parent in determining custody or visitation.

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

Acts 1999, No. 1551, § 8; 2001, No. 1235, § 2
Ark. Code Ann. § 9-11-218 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-218
Return of executed license to clerk - Effect on bond
Status: in_force

(a) Any person obtaining a license under the provisions of this act shall be required to return the license to the office of the clerk of the county court within sixty (60) days from the date of the license. (b) (1) If the license is duly executed and officially signed by some person authorized by law to solemnize marriage in this state, the bond required by § 9-11-210 shall be deemed null and void. (2) Otherwise, it shall remain in full force and effect. Acts 1875, No. 127, § 6, p. 260; C. & M. Dig., § 7063; Pope's Dig., § 9045; A.S.A. 1947, § 55-224

(a) Any person obtaining a license under the provisions of this act shall be required to return the license to the office of the clerk of the county court within sixty (60) days from the date of the license.

(b) (1) If the license is duly executed and officially signed by some person authorized by law to solemnize marriage in this state, the bond required by § 9-11-210 shall be deemed null and void. (2) Otherwise, it shall remain in full force and effect.

(1) If the license is duly executed and officially signed by some person authorized by law to solemnize marriage in this state, the bond required by § 9-11-210 shall be deemed null and void.

(2) Otherwise, it shall remain in full force and effect.

Acts 1875, No. 127, § 6, p. 260; C. & M. Dig., § 7063; Pope's Dig., § 9045; A.S.A. 1947, § 55-224
Ark. Code Ann. § 9-28-212 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-212
Sale of goods produced at youth services centers - Disposition of funds
Status: in_force

All funds derived from the sale of agricultural products, livestock, or manufactured articles, or from other activities carried on at the youth services centers or facilities shall be deposited into the State Treasury in the Youth Services Fund Account of the Department of Human Services Fund to be used exclusively for the support of the Division of Youth Services. Acts 1995, No. 1261, § 12

All funds derived from the sale of agricultural products, livestock, or manufactured articles, or from other activities carried on at the youth services centers or facilities shall be deposited into the State Treasury in the Youth Services Fund Account of the Department of Human Services Fund to be used exclusively for the support of the Division of Youth Services.

Acts 1995, No. 1261, § 12
Ark. Code Ann. § 9-26-217 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-217
Liability to third persons
Status: in_force

(a) A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor. (b) A custodian shall not be personally liable: (1) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or (2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault. (c) A minor shall not be personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault. Acts 1985, No. 476, § 17; A.S.A. 1947, § 50-950

(a) A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.

(b) A custodian shall not be personally liable: (1) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or (2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

(1) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or

(2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

(c) A minor shall not be personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.

Acts 1985, No. 476, § 17; A.S.A. 1947, § 50-950
Ark. Code Ann. § 9-9-401 — AR Code / Title 9 / Chapter 9 / Subchapter 4 / Section 9-9-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Subsidized Adoption Act" and includes only state-funded adoptions. Acts 1979, No. 1109, § 8; A.S.A. 1947, § 56-137; Acts 1999, No. 945, § 4

This subchapter shall be known and may be cited as the "Arkansas Subsidized Adoption Act" and includes only state-funded adoptions.

Acts 1979, No. 1109, § 8; A.S.A. 1947, § 56-137; Acts 1999, No. 945, § 4
Ark. Code Ann. § 9-14-802 — AR Code / Title 9 / Chapter 14 / Subchapter 8 / Section 9-14-802
Authority
Status: in_force

The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration is authorized to implement a clearinghouse system with electronic funds transfer and electronic data interchange transaction capabilities for the collection and distribution of child support payments in all cases brought pursuant to Title IV-D of the Social Security Act and cases assigned to the clearinghouse as provided in this subchapter. Acts 1995, No. 1344, § 2

The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration is authorized to implement a clearinghouse system with electronic funds transfer and electronic data interchange transaction capabilities for the collection and distribution of child support payments in all cases brought pursuant to Title IV-D of the Social Security Act and cases assigned to the clearinghouse as provided in this subchapter.

Acts 1995, No. 1344, § 2
Ark. Code Ann. § 9-13-404 — AR Code / Title 9 / Chapter 13 / Subchapter 4 / Section 9-13-404
Considerations of court
Status: in_force

To determine a matter under this subchapter, the court shall consider: (1) The best interests of the child; (2) The right of a parent for frequent and continuing contact with his or her child; (3) The rights of a custodian under an order from a court of competent jurisdiction in the State of Arkansas; (4) The risk of the child's becoming a victim of international child abduction by a parent, custodian, or any person acting on the behalf of the parent or custodian, based on the court's evaluation of the risk factors described in § 9-13-405 ; (5) Any obstacles to locating, recovering, or returning the child if the child is a victim of international child abduction; and (6) The potential physical or psychological harm to the child if the child is a victim of international child abduction. Acts 2005, No. 170, § 1

To determine a matter under this subchapter, the court shall consider:

(1) The best interests of the child;

(2) The right of a parent for frequent and continuing contact with his or her child;

(3) The rights of a custodian under an order from a court of competent jurisdiction in the State of Arkansas;

(4) The risk of the child's becoming a victim of international child abduction by a parent, custodian, or any person acting on the behalf of the parent or custodian, based on the court's evaluation of the risk factors described in § 9-13-405 ;

(5) Any obstacles to locating, recovering, or returning the child if the child is a victim of international child abduction; and

(6) The potential physical or psychological harm to the child if the child is a victim of international child abduction.

Acts 2005, No. 170, § 1
Ark. Code Ann. § 9-12-311 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-311
Legitimacy of children not affected
Status: in_force

The injured party may apply for a decree of divorce, but no divorce shall affect the legitimacy of the children born previously to entering the decree in the case. Rev. Stat., ch. 51, § 2; C. & M. Dig., § 3501; Pope's Dig., § 4382; A.S.A. 1947, § 34-1203

The injured party may apply for a decree of divorce, but no divorce shall affect the legitimacy of the children born previously to entering the decree in the case.

Rev. Stat., ch. 51, § 2; C. & M. Dig., § 3501; Pope's Dig., § 4382; A.S.A. 1947, § 34-1203
Ark. Code Ann. § 9-11-807 — AR Code / Title 9 / Chapter 11 / Subchapter 8 / Section 9-11-807
Applicability to already married couples
Status: in_force

(a) A married couple, upon submission of a copy of their marriage certificate, which need not be certified, may execute a declaration of intent to designate their marriage as a covenant marriage to be governed by this subchapter. (b) This declaration of intent in the form and containing the contents required by subsection (c) of this section must be filed with the officer who issues marriage licenses in the county in which the couple is domiciled. (c) (1) A declaration of intent to redesignate a marriage as a covenant marriage shall contain all of the following: (A) A recitation by the parties as set out in § 9-11-804 ; (B) An affidavit by the parties as set out in § 9-11-805 that they have discussed their intent to designate their marriage as a covenant marriage with an authorized counselor that included a discussion of the obligation to seek marital counseling in times of marital difficulties and the exclusive grounds for legally terminating a covenant marriage by divorce; (C) An attestation signed by the counselor and attached to the parties' affidavit acknowledging that the counselor provided to the parties the informational pamphlet developed and promulgated by the Administrative Office of the Courts under this subchapter that provides a full explanation of the terms and conditions of a covenant marriage; and (D) The signature of both parties witnessed by a notary. (2) (A) The declaration shall contain two (2) separate documents: (i) The recitation; and (ii) The affidavit with the attestation either included within or attached to the document. (B) The recitation, affidavit, and attestation shall be filed as provided in subsection (b) of this section. Acts 2001, No. 1486, § 5

(a) A married couple, upon submission of a copy of their marriage certificate, which need not be certified, may execute a declaration of intent to designate their marriage as a covenant marriage to be governed by this subchapter.

(b) This declaration of intent in the form and containing the contents required by subsection (c) of this section must be filed with the officer who issues marriage licenses in the county in which the couple is domiciled.

(c) (1) A declaration of intent to redesignate a marriage as a covenant marriage shall contain all of the following: (A) A recitation by the parties as set out in § 9-11-804 ; (B) An affidavit by the parties as set out in § 9-11-805 that they have discussed their intent to designate their marriage as a covenant marriage with an authorized counselor that included a discussion of the obligation to seek marital counseling in times of marital difficulties and the exclusive grounds for legally terminating a covenant marriage by divorce; (C) An attestation signed by the counselor and attached to the parties' affidavit acknowledging that the counselor provided to the parties the informational pamphlet developed and promulgated by the Administrative Office of the Courts under this subchapter that provides a full explanation of the terms and conditions of a covenant marriage; and (D) The signature of both parties witnessed by a notary. (2) (A) The declaration shall contain two (2) separate documents: (i) The recitation; and (ii) The affidavit with the attestation either included within or attached to the document. (B) The recitation, affidavit, and attestation shall be filed as provided in subsection (b) of this section.

(1) A declaration of intent to redesignate a marriage as a covenant marriage shall contain all of the following: (A) A recitation by the parties as set out in § 9-11-804 ; (B) An affidavit by the parties as set out in § 9-11-805 that they have discussed their intent to designate their marriage as a covenant marriage with an authorized counselor that included a discussion of the obligation to seek marital counseling in times of marital difficulties and the exclusive grounds for legally terminating a covenant marriage by divorce; (C) An attestation signed by the counselor and attached to the parties' affidavit acknowledging that the counselor provided to the parties the informational pamphlet developed and promulgated by the Administrative Office of the Courts under this subchapter that provides a full explanation of the terms and conditions of a covenant marriage; and (D) The signature of both parties witnessed by a notary.

(A) A recitation by the parties as set out in § 9-11-804 ;

(B) An affidavit by the parties as set out in § 9-11-805 that they have discussed their intent to designate their marriage as a covenant marriage with an authorized counselor that included a discussion of the obligation to seek marital counseling in times of marital difficulties and the exclusive grounds for legally terminating a covenant marriage by divorce;

(C) An attestation signed by the counselor and attached to the parties' affidavit acknowledging that the counselor provided to the parties the informational pamphlet developed and promulgated by the Administrative Office of the Courts under this subchapter that provides a full explanation of the terms and conditions of a covenant marriage; and

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

(2) (A) The declaration shall contain two (2) separate documents: (i) The recitation; and (ii) The affidavit with the attestation either included within or attached to the document. (B) The recitation, affidavit, and attestation shall be filed as provided in subsection (b) of this section.

(A) The declaration shall contain two (2) separate documents: (i) The recitation; and (ii) The affidavit with the attestation either included within or attached to the document.

(i) The recitation; and

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

(B) The recitation, affidavit, and attestation shall be filed as provided in subsection (b) of this section.

Acts 2001, No. 1486, § 5
Ark. Code Ann. § 9-19-201 — AR Code / Title 9 / Chapter 19 / Subchapter 2 / Section 9-19-201
Initial child-custody jurisdiction
Status: in_force

(a) Except as otherwise provided in § 9-19-204 , a court of this state has jurisdiction to make an initial child-custody determination only if: (1) this state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six (6) months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; (2) a court of another state does not have jurisdiction under subdivision (a)(1) of this section, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under § 9-19-207 or § 9-19-208 , and: (A) the child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and (B) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships; (3) all courts having jurisdiction under subdivision (a)(1) or (2) of this section have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under § 9-19-207 or § 9-19-208 ; or (4) no court of any other state would have jurisdiction under the criteria specified in subdivision (a)(1), (2), or (3) of this section. (b) Subsection (a) of this section is the exclusive jurisdictional basis for making a child-custody determination by a court of this state. (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination. Acts 1999, No. 668, § 201

(a) Except as otherwise provided in § 9-19-204 , a court of this state has jurisdiction to make an initial child-custody determination only if: (1) this state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six (6) months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; (2) a court of another state does not have jurisdiction under subdivision (a)(1) of this section, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under § 9-19-207 or § 9-19-208 , and: (A) the child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and (B) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships; (3) all courts having jurisdiction under subdivision (a)(1) or (2) of this section have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under § 9-19-207 or § 9-19-208 ; or (4) no court of any other state would have jurisdiction under the criteria specified in subdivision (a)(1), (2), or (3) of this section.

(1) this state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six (6) months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

(2) a court of another state does not have jurisdiction under subdivision (a)(1) of this section, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under § 9-19-207 or § 9-19-208 , and: (A) the child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and (B) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;

(A) the child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and

(B) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;

(3) all courts having jurisdiction under subdivision (a)(1) or (2) of this section have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under § 9-19-207 or § 9-19-208 ; or

(4) no court of any other state would have jurisdiction under the criteria specified in subdivision (a)(1), (2), or (3) of this section.

(b) Subsection (a) of this section is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.

(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.

Acts 1999, No. 668, § 201
Ark. Code Ann. § 9-14-801 — AR Code / Title 9 / Chapter 14 / Subchapter 8 / Section 9-14-801
Definitions and capabilities
Status: in_force

As used in this subchapter: (1) (A) "Clearinghouse" means an automated child support payment processing system operating under the auspices of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, capable of providing electronic funds transfer and electronic data interchange transactions for all Title IV-D child support cases on a statewide basis. (B) The clearinghouse shall be capable of pro rata distribution of child support payments on multiple cases involving the same noncustodial parent, and different custodial parents, through income withholding. (C) The clearinghouse shall be capable of processing automated assignments of child support payments in accordance with state laws and rules and federal laws and regulations. (D) The clearinghouse shall be capable of performing electronic funds transfer and electronic data interchange transactions; (2) "EFT/EDI" means electronic funds transfer and electronic data interchange; and (3) "Title IV-D" means Title IV-D of the Social Security Act, as amended. Amended by Act 2019, No. 904,§ 9, eff. 1/1/2020. Acts 1995, No. 1344, § 1

As used in this subchapter:

(1) (A) "Clearinghouse" means an automated child support payment processing system operating under the auspices of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, capable of providing electronic funds transfer and electronic data interchange transactions for all Title IV-D child support cases on a statewide basis. (B) The clearinghouse shall be capable of pro rata distribution of child support payments on multiple cases involving the same noncustodial parent, and different custodial parents, through income withholding. (C) The clearinghouse shall be capable of processing automated assignments of child support payments in accordance with state laws and rules and federal laws and regulations. (D) The clearinghouse shall be capable of performing electronic funds transfer and electronic data interchange transactions;

(A) "Clearinghouse" means an automated child support payment processing system operating under the auspices of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, capable of providing electronic funds transfer and electronic data interchange transactions for all Title IV-D child support cases on a statewide basis.

(B) The clearinghouse shall be capable of pro rata distribution of child support payments on multiple cases involving the same noncustodial parent, and different custodial parents, through income withholding.

(C) The clearinghouse shall be capable of processing automated assignments of child support payments in accordance with state laws and rules and federal laws and regulations.

(D) The clearinghouse shall be capable of performing electronic funds transfer and electronic data interchange transactions;

(2) "EFT/EDI" means electronic funds transfer and electronic data interchange; and

(3) "Title IV-D" means Title IV-D of the Social Security Act, as amended.

Amended by Act 2019, No. 904,§ 9, eff. 1/1/2020.

Acts 1995, No. 1344, § 1
Ark. Code Ann. § 9-11-701 — AR Code / Title 9 / Chapter 11 / Subchapter 7 / Section 9-11-701
Persons acting for clerk
Status: in_force

(a) The acts and deeds of all persons acting for and in behalf of any county clerk in this state in the issuance of marriage licenses prior to January 26, 1945, whether the person was a duly and legally appointed deputy of the county clerk or not, are declared to be as legal and valid as if the licenses had been issued by the county clerk in person. (b) All marriages solemnized in this state prior to January 26, 1945, pursuant to a marriage license issued by a person other than the county clerk of the county wherein the license was issued or by the legally appointed deputy of the county clerk are declared to be valid. All the marriages shall be as binding and effectual as if the licenses had been issued by the county clerk of the county in person. Acts 1945, No. 6, §§ 1, 2; A.S.A. 1947, §§ 55-231, 55-232

(a) The acts and deeds of all persons acting for and in behalf of any county clerk in this state in the issuance of marriage licenses prior to January 26, 1945, whether the person was a duly and legally appointed deputy of the county clerk or not, are declared to be as legal and valid as if the licenses had been issued by the county clerk in person.

(b) All marriages solemnized in this state prior to January 26, 1945, pursuant to a marriage license issued by a person other than the county clerk of the county wherein the license was issued or by the legally appointed deputy of the county clerk are declared to be valid. All the marriages shall be as binding and effectual as if the licenses had been issued by the county clerk of the county in person.

Acts 1945, No. 6, §§ 1, 2; A.S.A. 1947, §§ 55-231, 55-232
Ark. Code Ann. § 9-9-804 — AR Code / Title 9 / Chapter 9 / Subchapter 9 / Section 9-9-804
Immunity
Status: in_force

An officer or employee of the Department of Health who releases any information contained in an adoption file or provides a copy of an adoption file to a requester is not criminally liable or civilly liable in damages to any person for injury, death, or loss allegedly arising from the release of the information or copy if the officer or employee releases the information or copy in accordance with § 9-9-803 . Added by Act 2017, No. 519,§ 1, eff. 8/1/2017

An officer or employee of the Department of Health who releases any information contained in an adoption file or provides a copy of an adoption file to a requester is not criminally liable or civilly liable in damages to any person for injury, death, or loss allegedly arising from the release of the information or copy if the officer or employee releases the information or copy in accordance with § 9-9-803 .

Added by Act 2017, No. 519,§ 1, eff. 8/1/2017
Ark. Code Ann. § 9-27-506 — AR Code / Title 9 / Chapter 27 / Subchapter 5 / Section 9-27-506
Extended juvenile jurisdiction disposition hearing
Status: in_force

If a juvenile is found delinquent as an extended juvenile jurisdiction offender, the circuit court shall enter the following dispositions: (1) Order any of the juvenile dispositions authorized by § 9-27-330 ; and (2) Suspend the imposition of an adult sentence pending court review. Acts 1999, No. 1192, § 6; 2003, No. 1166, § 30

If a juvenile is found delinquent as an extended juvenile jurisdiction offender, the circuit court shall enter the following dispositions:

(1) Order any of the juvenile dispositions authorized by § 9-27-330 ; and

(2) Suspend the imposition of an adult sentence pending court review.

Acts 1999, No. 1192, § 6; 2003, No. 1166, § 30
Ark. Code Ann. § 9-5-113 — AR Code / Title 9 / Chapter 5 / Section 9-5-113
Reports
Status: in_force

The Children's Advocacy Centers of Arkansas or its designee shall provide an annual report by March 1 of each year to the Department of Human Services, Division of Arkansas State Police, 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 child abuse in this state based on information obtained from child safety centers under this chapter; (2) A description of child safety centers that meet the requirements of the Department of Finance and Administration and the Children's Advocacy Centers of Arkansas and receive funding from the Department of Finance and Administration; (3) The number of children receiving investigative services by the child safety centers that receive funding from the Department of Finance and Administration under this chapter; and (4) Outcome data provided by the child safety centers. Amended by Act 2021, No. 975,§ 9, eff. 7/28/2021. Acts 2007, No. 703, § 5

The Children's Advocacy Centers of Arkansas or its designee shall provide an annual report by March 1 of each year to the Department of Human Services, Division of Arkansas State Police, 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 child abuse in this state based on information obtained from child safety centers under this chapter;

(2) A description of child safety centers that meet the requirements of the Department of Finance and Administration and the Children's Advocacy Centers of Arkansas and receive funding from the Department of Finance and Administration;

(3) The number of children receiving investigative services by the child safety centers that receive funding from the Department of Finance and Administration under this chapter; and

(4) Outcome data provided by the child safety centers.

Amended by Act 2021, No. 975,§ 9, eff. 7/28/2021.

Acts 2007, No. 703, § 5
Ark. Code Ann. § 9-19-204 — AR Code / Title 9 / Chapter 19 / Subchapter 2 / Section 9-19-204
Temporary emergency jurisdiction
Status: in_force

(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. (b) If there is no previous child-custody determination that is entitled to be enforced under this chapter, and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under §§ 9-19-201 - 9-19-203 , a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under §§ 9-19-201 - 9-19-203 . If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under §§ 9-19-201 - 9-19-203 , a child-custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child. (c) If there is a previous child-custody determination that is entitled to be enforced under this chapter, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under §§ 9-19-201 - 9-19-203 , any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under §§ 9-19-201 - 9-19-203 . The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires. (d) A court of this state which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under §§ 9-19-201 - 9-19-203 , shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to §§ 9-19-201 - 9-19-203 , upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. Acts 1999, No. 668, § 204

(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

(b) If there is no previous child-custody determination that is entitled to be enforced under this chapter, and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under §§ 9-19-201 - 9-19-203 , a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under §§ 9-19-201 - 9-19-203 . If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under §§ 9-19-201 - 9-19-203 , a child-custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.

(c) If there is a previous child-custody determination that is entitled to be enforced under this chapter, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under §§ 9-19-201 - 9-19-203 , any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under §§ 9-19-201 - 9-19-203 . The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.

(d) A court of this state which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under §§ 9-19-201 - 9-19-203 , shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to §§ 9-19-201 - 9-19-203 , upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

Acts 1999, No. 668, § 204
Ark. Code Ann. § 9-28-117 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-117
Authority to obtain local criminal background checks
Status: in_force

(a) Local law enforcement shall provide the Department of Human Services with criminal background information on persons who have applied to be a provisional foster home, a regular foster home, or an adoptive home for the department upon request from the department. (b) Local law enforcement shall provide the department with criminal background information on persons whose home is being studied by the department upon request from the department. Acts 2011, No. 591, § 1

(a) Local law enforcement shall provide the Department of Human Services with criminal background information on persons who have applied to be a provisional foster home, a regular foster home, or an adoptive home for the department upon request from the department.

(b) Local law enforcement shall provide the department with criminal background information on persons whose home is being studied by the department upon request from the department.

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-27-370 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-370
Reinstatement of parental rights
Status: in_force

(a) The Department of Human Services or an attorney ad litem may file a petition to reinstate the parental rights of a parent whose parental rights have been terminated under this subchapter if the: (1) Court has granted a motion to resume services under § 9-27-369 ; (2) Services have continued for at least one hundred eighty (180) days following the date on which the court entered the order granting a motion to resume services under § 9-27-369 ; and (3) Parent for whom reinstatement of parental rights is sought has substantially complied with the orders of the court and with the case plan developed under § 9-27-369 . (b) A petition to reinstate parental rights shall be filed in the circuit court that had jurisdiction over the petition to terminate the parental rights of the parent who is the subject of the petition to reinstate parental rights. (c) A petition filed under this section shall be served on the: (1) Attorney ad litem; (2) Department; (3) Parent who is the subject of the petition; (4) Court Appointed Special Advocate Program Director, if applicable; and (5) Child's tribe, if applicable. (d) At least seven (7) business days before a hearing on a petition filed under this section, the department shall provide the parent, parent's counsel, attorney ad litem, court-appointed special advocate, and any other party to the petition with a written report that includes information on: (1) The efforts made by the department to achieve adoption or another permanent placement for the child, including without limitation any barriers to the adoption or permanent placement of the child; (2) The extent to which the parent who is the subject of the petition has complied with the case plan and orders of the court as of the date on which services were ordered to be resumed under § 9-27-369 ; (3) The impact of the resumed services on the parent and on the health, safety, and well-being of the child; and (4) Any recommendations of the department. (e) Parental rights may be reinstated under this section if the court finds by clear and convincing evidence that: (1) Reinstatement of parental rights is in the best interest of the child; and (2) There has been a material change in circumstances as to the parent who is the subject of the petition since the date on which the order terminating the parental rights of the parent was entered. (f) The court shall consider the following factors when determining whether a reinstatement of parental rights is in the best interest of the child: (1) The likelihood of the child achieving permanency through adoption or another permanent placement; (2) The age, maturity, and preference of the child concerning the reinstatement of parental rights; (3) The parent's fitness and whether the parent has remedied the conditions that existed at the time of the termination of his or her parental rights; and (4) The effect that the reinstatement of parental rights would have on the health, safety, and well-being of the child. (g) A court may deny a petition filed under this section if the court finds by a preponderance of the evidence that the parent engaged in conduct that interfered with the child's ability to achieve permanency. (h) An order reinstating the parental rights of the parent who is the subject of a petition filed under this section restores all rights, powers, privileges, immunities, duties, and obligations of the parent as to the child, including without limitation custody, control, and support of the child. (i) If the child is placed with a parent whose parental rights are reinstated under this section, the court shall not close the case until the child has resided with the parent for no less than six (6) months. (j) A written order shall be filed by the court, a party, or the attorney of a party as designated by the court within thirty (30) days of the date of the hearing on the motion to reinstate parental rights or before the next hearing, whichever is sooner. (k) An order reinstating parental rights under this section does not: (1) Vacate or affect the validity of a previous order terminating the parental rights of the parent who is the subject of the petition; and (2) Restore or impact the rights of a parent who is not the subject of a petition filed under this section. (l) This section is retroactive and applies to a child who is under the jurisdiction of a court at the time of a hearing on a petition to terminate parental rights, regardless of the date on which parental rights were terminated by court order. Added by Act 2017, No. 994,§ 3, eff. 8/1/2017

(a) The Department of Human Services or an attorney ad litem may file a petition to reinstate the parental rights of a parent whose parental rights have been terminated under this subchapter if the: (1) Court has granted a motion to resume services under § 9-27-369 ; (2) Services have continued for at least one hundred eighty (180) days following the date on which the court entered the order granting a motion to resume services under § 9-27-369 ; and (3) Parent for whom reinstatement of parental rights is sought has substantially complied with the orders of the court and with the case plan developed under § 9-27-369 .

(1) Court has granted a motion to resume services under § 9-27-369 ;

(2) Services have continued for at least one hundred eighty (180) days following the date on which the court entered the order granting a motion to resume services under § 9-27-369 ; and

(3) Parent for whom reinstatement of parental rights is sought has substantially complied with the orders of the court and with the case plan developed under § 9-27-369 .

(b) A petition to reinstate parental rights shall be filed in the circuit court that had jurisdiction over the petition to terminate the parental rights of the parent who is the subject of the petition to reinstate parental rights.

(c) A petition filed under this section shall be served on the: (1) Attorney ad litem; (2) Department; (3) Parent who is the subject of the petition; (4) Court Appointed Special Advocate Program Director, if applicable; and (5) Child's tribe, if applicable.

(1) Attorney ad litem;

(2) Department;

(3) Parent who is the subject of the petition;

(4) Court Appointed Special Advocate Program Director, if applicable; and

(5) Child's tribe, if applicable.

(d) At least seven (7) business days before a hearing on a petition filed under this section, the department shall provide the parent, parent's counsel, attorney ad litem, court-appointed special advocate, and any other party to the petition with a written report that includes information on: (1) The efforts made by the department to achieve adoption or another permanent placement for the child, including without limitation any barriers to the adoption or permanent placement of the child; (2) The extent to which the parent who is the subject of the petition has complied with the case plan and orders of the court as of the date on which services were ordered to be resumed under § 9-27-369 ; (3) The impact of the resumed services on the parent and on the health, safety, and well-being of the child; and (4) Any recommendations of the department.

(1) The efforts made by the department to achieve adoption or another permanent placement for the child, including without limitation any barriers to the adoption or permanent placement of the child;

(2) The extent to which the parent who is the subject of the petition has complied with the case plan and orders of the court as of the date on which services were ordered to be resumed under § 9-27-369 ;

(3) The impact of the resumed services on the parent and on the health, safety, and well-being of the child; and

(4) Any recommendations of the department.

(e) Parental rights may be reinstated under this section if the court finds by clear and convincing evidence that: (1) Reinstatement of parental rights is in the best interest of the child; and (2) There has been a material change in circumstances as to the parent who is the subject of the petition since the date on which the order terminating the parental rights of the parent was entered.

(1) Reinstatement of parental rights is in the best interest of the child; and

(2) There has been a material change in circumstances as to the parent who is the subject of the petition since the date on which the order terminating the parental rights of the parent was entered.

(f) The court shall consider the following factors when determining whether a reinstatement of parental rights is in the best interest of the child: (1) The likelihood of the child achieving permanency through adoption or another permanent placement; (2) The age, maturity, and preference of the child concerning the reinstatement of parental rights; (3) The parent's fitness and whether the parent has remedied the conditions that existed at the time of the termination of his or her parental rights; and (4) The effect that the reinstatement of parental rights would have on the health, safety, and well-being of the child.

(1) The likelihood of the child achieving permanency through adoption or another permanent placement;

(2) The age, maturity, and preference of the child concerning the reinstatement of parental rights;

(3) The parent's fitness and whether the parent has remedied the conditions that existed at the time of the termination of his or her parental rights; and

(4) The effect that the reinstatement of parental rights would have on the health, safety, and well-being of the child.

(g) A court may deny a petition filed under this section if the court finds by a preponderance of the evidence that the parent engaged in conduct that interfered with the child's ability to achieve permanency.

(h) An order reinstating the parental rights of the parent who is the subject of a petition filed under this section restores all rights, powers, privileges, immunities, duties, and obligations of the parent as to the child, including without limitation custody, control, and support of the child.

(i) If the child is placed with a parent whose parental rights are reinstated under this section, the court shall not close the case until the child has resided with the parent for no less than six (6) months.

(j) A written order shall be filed by the court, a party, or the attorney of a party as designated by the court within thirty (30) days of the date of the hearing on the motion to reinstate parental rights or before the next hearing, whichever is sooner.

(k) An order reinstating parental rights under this section does not: (1) Vacate or affect the validity of a previous order terminating the parental rights of the parent who is the subject of the petition; and (2) Restore or impact the rights of a parent who is not the subject of a petition filed under this section.

(1) Vacate or affect the validity of a previous order terminating the parental rights of the parent who is the subject of the petition; and

(2) Restore or impact the rights of a parent who is not the subject of a petition filed under this section.

(l) This section is retroactive and applies to a child who is under the jurisdiction of a court at the time of a hearing on a petition to terminate parental rights, regardless of the date on which parental rights were terminated by court order.

Added by Act 2017, No. 994,§ 3, eff. 8/1/2017
Ark. Code Ann. § 9-11-404 — AR Code / Title 9 / Chapter 11 / Subchapter 4 / Section 9-11-404
Effect of marriage
Status: in_force

A premarital agreement becomes effective upon marriage. Acts 1987, No. 715, § 4

A premarital agreement becomes effective upon marriage.

Acts 1987, No. 715, § 4
Ark. Code Ann. § 9-8-206 — AR Code / Title 9 / Chapter 8 / Subchapter 2 / Section 9-8-206
Subsidy amount
Status: in_force

(a) The amount of the guardianship subsidy shall be determined through agreement between the guardian and the Department of Human Services but cannot exceed the current foster care board rate. (b) The amount of the guardianship subsidy shall be based on consideration of the circumstances and needs of the guardian and the child as well as the availability of other resources to meet the child's needs. Acts 2007, No. 621, § 1

(a) The amount of the guardianship subsidy shall be determined through agreement between the guardian and the Department of Human Services but cannot exceed the current foster care board rate.

(b) The amount of the guardianship subsidy shall be based on consideration of the circumstances and needs of the guardian and the child as well as the availability of other resources to meet the child's needs.

Acts 2007, No. 621, § 1
Ark. Code Ann. § 9-4-102 — AR Code / Title 9 / Chapter 4 / Section 9-4-102
Definitions
Status: in_force

As used in this chapter: (1) "Advocate" means an employee, supervisor, or administrator of a shelter; (2) "Commission" means the Arkansas Child Abuse/Rape/Domestic Violence Commission; (3) "Domestic abuse" means: (A) Physical harm, bodily injury, or assault between family or household members; (B) The infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or (C) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state; (4) "Family or household members" means: (A) Spouses; (B) Former spouses; (C) Parents; (D) Children; (E) Persons related by blood within the fourth degree of consanguinity; (F) Persons who presently cohabit or in the past cohabited together; and (G) Persons who presently have a child in common; (5) "Shelter" means any entity that: (A) Provides services including food, housing, advice, counseling, and assistance to victims of domestic abuse and their minor dependent children in this state; and (B) Meets the program, fiscal, and training requirements of this chapter; (6) "Victim" means any individual who: (A) Is eighteen (18) years of age or older, is a minor who has his or her disabilities removed, or is a married individual under eighteen (18) years of age; (B) Is the victim of domestic abuse; and (C) Seeks services at a shelter; and (7) "Volunteer" means any person who donates his or her time to provide services to victims at a shelter. Acts 2003, No. 1276, § 1

As used in this chapter:

(1) "Advocate" means an employee, supervisor, or administrator of a shelter;

(2) "Commission" means the Arkansas Child Abuse/Rape/Domestic Violence Commission;

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

(A) Physical harm, bodily injury, or assault between family or household members;

(B) The infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or

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

(4) "Family or household members" means: (A) Spouses; (B) Former spouses; (C) Parents; (D) Children; (E) Persons related by blood within the fourth degree of consanguinity; (F) Persons who presently cohabit or in the past cohabited together; and (G) Persons who presently have a child in common;

(A) Spouses;

(B) Former spouses;

(C) Parents;

(D) Children;

(E) Persons related by blood within the fourth degree of consanguinity;

(F) Persons who presently cohabit or in the past cohabited together; and

(G) Persons who presently have a child in common;

(5) "Shelter" means any entity that: (A) Provides services including food, housing, advice, counseling, and assistance to victims of domestic abuse and their minor dependent children in this state; and (B) Meets the program, fiscal, and training requirements of this chapter;

(A) Provides services including food, housing, advice, counseling, and assistance to victims of domestic abuse and their minor dependent children in this state; and

(B) Meets the program, fiscal, and training requirements of this chapter;

(6) "Victim" means any individual who: (A) Is eighteen (18) years of age or older, is a minor who has his or her disabilities removed, or is a married individual under eighteen (18) years of age; (B) Is the victim of domestic abuse; and (C) Seeks services at a shelter; and

(A) Is eighteen (18) years of age or older, is a minor who has his or her disabilities removed, or is a married individual under eighteen (18) years of age;

(B) Is the victim of domestic abuse; and

(C) Seeks services at a shelter; and

(7) "Volunteer" means any person who donates his or her time to provide services to victims at a shelter.

Acts 2003, No. 1276, § 1
Ark. Code Ann. § 9-26-212 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-212
Care of custodial property
Status: in_force

(a) A custodian shall: (1) take control of custodial property; (2) register or record title to custodial property if appropriate; and (3) collect, hold, manage, invest, and reinvest custodial property. (b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor. (c) A custodian may invest in or pay premiums on life insurance or endowment policies on (i) the life of the minor only if the minor or the minor's estate is the sole beneficiary, or (ii) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary. (d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest shall be so identified if it is recorded, and custodial property subject to registration shall be so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act." (e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of fourteen (14) years. Acts 1985, No. 476, § 12; A.S.A. 1947, § 50-945

(a) A custodian shall: (1) take control of custodial property; (2) register or record title to custodial property if appropriate; and (3) collect, hold, manage, invest, and reinvest custodial property.

(1) take control of custodial property;

(2) register or record title to custodial property if appropriate; and

(3) collect, hold, manage, invest, and reinvest custodial property.

(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.

(c) A custodian may invest in or pay premiums on life insurance or endowment policies on (i) the life of the minor only if the minor or the minor's estate is the sole beneficiary, or (ii) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.

(d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest shall be so identified if it is recorded, and custodial property subject to registration shall be so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act."

(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of fourteen (14) years.

Acts 1985, No. 476, § 12; A.S.A. 1947, § 50-945
Ark. Code Ann. § 9-15-216 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-216
Mutual orders of protection - Separate orders of protection
Status: in_force

(a) Except as provided in subsection (b) of this section, a circuit court shall not grant a mutual order of protection to opposing parties. (b) Separate orders of protection restraining each opposing party may only be granted in cases in which each party: (1) Has properly filed and served a petition for an order of protection; (2) Has committed domestic abuse as defined in § 9-15-103 ; (3) Poses a risk of violence to the other; and (4) Has otherwise satisfied all prerequisites for the type of order and remedies sought. Acts 2001, No. 1437, § 1

(a) Except as provided in subsection (b) of this section, a circuit court shall not grant a mutual order of protection to opposing parties.

(b) Separate orders of protection restraining each opposing party may only be granted in cases in which each party: (1) Has properly filed and served a petition for an order of protection; (2) Has committed domestic abuse as defined in § 9-15-103 ; (3) Poses a risk of violence to the other; and (4) Has otherwise satisfied all prerequisites for the type of order and remedies sought.

(1) Has properly filed and served a petition for an order of protection;

(2) Has committed domestic abuse as defined in § 9-15-103 ;

(3) Poses a risk of violence to the other; and

(4) Has otherwise satisfied all prerequisites for the type of order and remedies sought.

Acts 2001, No. 1437, § 1
Ark. Code Ann. § 9-19-104 — AR Code / Title 9 / Chapter 19 / Subchapter 1 / Section 9-19-104
Application to Indian tribes
Status: in_force

(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act. (b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying subchapters 1 and 2 of this chapter. (c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter 3 of this chapter. Acts 1999, No. 668, § 104

(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.

(b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying subchapters 1 and 2 of this chapter.

(c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter 3 of this chapter.

Acts 1999, No. 668, § 104
Ark. Code Ann. § 9-6-111 — AR Code / Title 9 / Chapter 6 / Section 9-6-111
Disclosure of information
Status: in_force

Information from files, reports, evaluations, inspections, or other sources that is received by the Department of Finance and Administration and its employees and designees or by a statewide domestic violence entity that receives funds under this chapter and its employees and designees is confidential and shall not be disclosed publicly in a manner that identifies an individual or facility. Added by Act 2017, No. 583,§ 1, eff. 8/1/2017

Information from files, reports, evaluations, inspections, or other sources that is received by the Department of Finance and Administration and its employees and designees or by a statewide domestic violence entity that receives funds under this chapter and its employees and designees is confidential and shall not be disclosed publicly in a manner that identifies an individual or facility.

Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Ark. Code Ann. § 9-9-103 — AR Code / Title 9 / Chapter 9 / Subchapter 1 / Section 9-9-103
Adoption home studies affidavit
Status: in_force

(a) Upon the request of any interested party, agency, or the court, the petitioner in any adoption proceeding shall file with the court an affidavit stating the number of adoption home studies conducted on the petitioner's home prior to the filing of the petition. (b) A copy of each adoption home study performed shall be attached to the affidavit. Acts 1993, No. 598, § 1

(a) Upon the request of any interested party, agency, or the court, the petitioner in any adoption proceeding shall file with the court an affidavit stating the number of adoption home studies conducted on the petitioner's home prior to the filing of the petition.

(b) A copy of each adoption home study performed shall be attached to the affidavit.

Acts 1993, No. 598, § 1
Ark. Code Ann. § 9-28-1001 — AR Code / Title 9 / Chapter 28 / Subchapter 10 / Section 9-28-1001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Safeguards for Children in Foster Care Act". Acts 2007, No. 725, § 2

This subchapter shall be known and may be cited as the "Safeguards for Children in Foster Care Act".

Acts 2007, No. 725, § 2
Ark. Code Ann. § 9-31-501 — AR Code / Title 9 / Chapter 31 / Subchapter 5 / Section 9-31-501
Dyslexia screening - Intervention services
Status: in_force

(a) Within thirty (30) calendar days, excluding holidays, of being committed to the Division of Youth Services, a juvenile shall have his or her reading proficiency level assessed and a dyslexia screening shall be delivered with fidelity, as defined in § 6-41-602 . (b) If a reading assessment or dyslexia screening under subsection (a) of this section indicates that an individual is reading below the level of proficiency required to be a high-functioning reader, the individual shall be provided: (1) Evidence-based reading intervention based on the science of reading; and (2) Dyslexia intervention that is evidence-based according to the Division of Elementary and Secondary Education's compilation of appropriate intervention programs under § 6-17-429 . (c) An intervention plan provided for an individual who is reading below the level of proficiency required to be a high-functioning reader under subsection (b) of this section shall be administered with fidelity, as defined in § 6-41-602 . (d) Juveniles currently committed to the Division of Youth Services shall be: (1) Provided with information that explains what dyslexia is in common and easily understandable language; (2) Offered and encouraged to submit to dyslexia screening; and (3) Provided with dyslexia intervention with fidelity, as defined in § 6-41-602 , in the same manner as required for newly committed juveniles under subsection (b) of this section. Added by Act 2019, No. 1089,§ 2, eff. 7/24/2019.

(a) Within thirty (30) calendar days, excluding holidays, of being committed to the Division of Youth Services, a juvenile shall have his or her reading proficiency level assessed and a dyslexia screening shall be delivered with fidelity, as defined in § 6-41-602 .

(b) If a reading assessment or dyslexia screening under subsection (a) of this section indicates that an individual is reading below the level of proficiency required to be a high-functioning reader, the individual shall be provided: (1) Evidence-based reading intervention based on the science of reading; and (2) Dyslexia intervention that is evidence-based according to the Division of Elementary and Secondary Education's compilation of appropriate intervention programs under § 6-17-429 .

(1) Evidence-based reading intervention based on the science of reading; and

(2) Dyslexia intervention that is evidence-based according to the Division of Elementary and Secondary Education's compilation of appropriate intervention programs under § 6-17-429 .

(c) An intervention plan provided for an individual who is reading below the level of proficiency required to be a high-functioning reader under subsection (b) of this section shall be administered with fidelity, as defined in § 6-41-602 .

(d) Juveniles currently committed to the Division of Youth Services shall be: (1) Provided with information that explains what dyslexia is in common and easily understandable language; (2) Offered and encouraged to submit to dyslexia screening; and (3) Provided with dyslexia intervention with fidelity, as defined in § 6-41-602 , in the same manner as required for newly committed juveniles under subsection (b) of this section.

(1) Provided with information that explains what dyslexia is in common and easily understandable language;

(2) Offered and encouraged to submit to dyslexia screening; and

(3) Provided with dyslexia intervention with fidelity, as defined in § 6-41-602 , in the same manner as required for newly committed juveniles under subsection (b) of this section.

Added by Act 2019, No. 1089,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 9-11-408 — AR Code / Title 9 / Chapter 11 / Subchapter 4 / Section 9-11-408
Limitations of actions
Status: in_force

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. Acts 1987, No. 715, § 8

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.

Acts 1987, No. 715, § 8
Ark. Code Ann. § 9-27-328 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-328
Removal of juvenile
Status: in_force

(a) Before a circuit court may order any dependent-neglected juvenile or family in need of services juvenile removed from the custody of his or her parent, guardian, or custodian and placed with the Department of Human Services or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall order family services appropriate to prevent removal unless the health and safety of the juvenile warrant immediate removal for the protection of the juvenile. (b) When the court orders a dependent-neglected or family in need of services juvenile removed from the custody of a parent, guardian, or custodian and placed in the custody of the department or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall make these specific findings in the order: (1) In the initial order of removal, the court must find: (A) Whether it is contrary to the welfare of the juvenile to remain at home; (B) Whether the removal and the reasons for the removal of the juvenile is necessary to protect the health and safety of the juvenile; and (C) Whether the removal is in the best interest of the juvenile; and (2) Within sixty (60) days of removal, the court must find: (A) Which family services were made available to the family before the removal of the juvenile; (B) What efforts were made to provide those family services relevant to the needs of the family before the removal of the juvenile, taking into consideration whether or not the juvenile could safely remain at home while family services were provided; (C) Why efforts made to provide the family services described did not prevent the removal of the juvenile; and (D) Whether efforts made to prevent the removal of the juvenile were reasonable, based upon the needs of the family and the juvenile. (c) When the state agency's first contact with the family has occurred during an emergency in which the juvenile could not safely remain at home, even with reasonable services being provided, the responsible state agency shall be deemed to have made reasonable efforts to prevent or eliminate the need for removal. (d) When the court finds that the department's preventive or reunification efforts have not been reasonable, but further preventive or reunification efforts could not permit the juvenile to remain safely at home, the court may authorize or continue the removal of the juvenile but shall note the failure by the department in the record of the case. (e) (1) In all instances of removal of a juvenile from the home of his or her parent, guardian, or custodian by a court, the court shall set forth in a written order: (A) The evidence supporting the decision to remove; (B) The facts regarding the need for removal; and (C) The findings required by this section. (2) The written findings and order shall be filed by the court or by a party or party's attorney as designated by the court within thirty (30) days of the date of the hearing at which removal is ordered or prior to the next hearing, whichever is sooner. (f) Within one (1) year from the date of removal of the juvenile and annually thereafter, the court shall determine whether the department has made reasonable efforts to obtain permanency for the juvenile. (g) (1) If the court transfers custody of a child to the department, the court shall issue an order containing the following determinations regarding the educational issues of the child and whether the parent or guardian of the child may: (A) Have access to the child's school records; (B) Obtain information on the current placement of the child, including the name and address of the child's foster parent or provider, if the parent or guardian has access to the child's school records; and (C) Participate in school conferences or similar activities at the child's school. (2) If the court transfers custody of a child to the department, the court may appoint an individual to consent to an initial evaluation of the child and serve as the child's surrogate parent under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on February 1, 2007. Amended by Act 2013, No. 1055,§ 10, eff. 8/16/2013 Acts 1989, No. 273, § 27; 1995, No. 533, § 8; 1995, No. 1337, §§ 3, 4; 1997, No. 1227, § 6; 1999, No. 401, § 7; 1999, No. 1340, § 14; 2001, No. 1503, § 7; 2003, No. 1166, § 15; 2003, No. 1319, § 16; 2007, No. 587, § 15

(a) Before a circuit court may order any dependent-neglected juvenile or family in need of services juvenile removed from the custody of his or her parent, guardian, or custodian and placed with the Department of Human Services or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall order family services appropriate to prevent removal unless the health and safety of the juvenile warrant immediate removal for the protection of the juvenile.

(b) When the court orders a dependent-neglected or family in need of services juvenile removed from the custody of a parent, guardian, or custodian and placed in the custody of the department or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall make these specific findings in the order: (1) In the initial order of removal, the court must find: (A) Whether it is contrary to the welfare of the juvenile to remain at home; (B) Whether the removal and the reasons for the removal of the juvenile is necessary to protect the health and safety of the juvenile; and (C) Whether the removal is in the best interest of the juvenile; and (2) Within sixty (60) days of removal, the court must find: (A) Which family services were made available to the family before the removal of the juvenile; (B) What efforts were made to provide those family services relevant to the needs of the family before the removal of the juvenile, taking into consideration whether or not the juvenile could safely remain at home while family services were provided; (C) Why efforts made to provide the family services described did not prevent the removal of the juvenile; and (D) Whether efforts made to prevent the removal of the juvenile were reasonable, based upon the needs of the family and the juvenile.

(1) In the initial order of removal, the court must find: (A) Whether it is contrary to the welfare of the juvenile to remain at home; (B) Whether the removal and the reasons for the removal of the juvenile is necessary to protect the health and safety of the juvenile; and (C) Whether the removal is in the best interest of the juvenile; and

(A) Whether it is contrary to the welfare of the juvenile to remain at home;

(B) Whether the removal and the reasons for the removal of the juvenile is necessary to protect the health and safety of the juvenile; and

(C) Whether the removal is in the best interest of the juvenile; and

(2) Within sixty (60) days of removal, the court must find: (A) Which family services were made available to the family before the removal of the juvenile; (B) What efforts were made to provide those family services relevant to the needs of the family before the removal of the juvenile, taking into consideration whether or not the juvenile could safely remain at home while family services were provided; (C) Why efforts made to provide the family services described did not prevent the removal of the juvenile; and (D) Whether efforts made to prevent the removal of the juvenile were reasonable, based upon the needs of the family and the juvenile.

(A) Which family services were made available to the family before the removal of the juvenile;

(B) What efforts were made to provide those family services relevant to the needs of the family before the removal of the juvenile, taking into consideration whether or not the juvenile could safely remain at home while family services were provided;

(C) Why efforts made to provide the family services described did not prevent the removal of the juvenile; and

(D) Whether efforts made to prevent the removal of the juvenile were reasonable, based upon the needs of the family and the juvenile.

(c) When the state agency's first contact with the family has occurred during an emergency in which the juvenile could not safely remain at home, even with reasonable services being provided, the responsible state agency shall be deemed to have made reasonable efforts to prevent or eliminate the need for removal.

(d) When the court finds that the department's preventive or reunification efforts have not been reasonable, but further preventive or reunification efforts could not permit the juvenile to remain safely at home, the court may authorize or continue the removal of the juvenile but shall note the failure by the department in the record of the case.

(e) (1) In all instances of removal of a juvenile from the home of his or her parent, guardian, or custodian by a court, the court shall set forth in a written order: (A) The evidence supporting the decision to remove; (B) The facts regarding the need for removal; and (C) The findings required by this section. (2) The written findings and order shall be filed by the court or by a party or party's attorney as designated by the court within thirty (30) days of the date of the hearing at which removal is ordered or prior to the next hearing, whichever is sooner.

(1) In all instances of removal of a juvenile from the home of his or her parent, guardian, or custodian by a court, the court shall set forth in a written order: (A) The evidence supporting the decision to remove; (B) The facts regarding the need for removal; and (C) The findings required by this section.

(A) The evidence supporting the decision to remove;

(B) The facts regarding the need for removal; and

(C) The findings required by this section.

(2) The written findings and order shall be filed by the court or by a party or party's attorney as designated by the court within thirty (30) days of the date of the hearing at which removal is ordered or prior to the next hearing, whichever is sooner.

(f) Within one (1) year from the date of removal of the juvenile and annually thereafter, the court shall determine whether the department has made reasonable efforts to obtain permanency for the juvenile.

(g) (1) If the court transfers custody of a child to the department, the court shall issue an order containing the following determinations regarding the educational issues of the child and whether the parent or guardian of the child may: (A) Have access to the child's school records; (B) Obtain information on the current placement of the child, including the name and address of the child's foster parent or provider, if the parent or guardian has access to the child's school records; and (C) Participate in school conferences or similar activities at the child's school. (2) If the court transfers custody of a child to the department, the court may appoint an individual to consent to an initial evaluation of the child and serve as the child's surrogate parent under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on February 1, 2007.

(1) If the court transfers custody of a child to the department, the court shall issue an order containing the following determinations regarding the educational issues of the child and whether the parent or guardian of the child may: (A) Have access to the child's school records; (B) Obtain information on the current placement of the child, including the name and address of the child's foster parent or provider, if the parent or guardian has access to the child's school records; and (C) Participate in school conferences or similar activities at the child's school.

(A) Have access to the child's school records;

(B) Obtain information on the current placement of the child, including the name and address of the child's foster parent or provider, if the parent or guardian has access to the child's school records; and

(C) Participate in school conferences or similar activities at the child's school.

(2) If the court transfers custody of a child to the department, the court may appoint an individual to consent to an initial evaluation of the child and serve as the child's surrogate parent under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on February 1, 2007.

Amended by Act 2013, No. 1055,§ 10, eff. 8/16/2013

Acts 1989, No. 273, § 27; 1995, No. 533, § 8; 1995, No. 1337, §§ 3, 4; 1997, No. 1227, § 6; 1999, No. 401, § 7; 1999, No. 1340, § 14; 2001, No. 1503, § 7; 2003, No. 1166, § 15; 2003, No. 1319, § 16; 2007, No. 587, § 15
Ark. Code Ann. § 9-28-1104 — AR Code / Title 9 / Chapter 28 / Subchapter 11 / Section 9-28-1104
[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. § 9-14-805 — AR Code / Title 9 / Chapter 14 / Subchapter 8 / Section 9-14-805
Permanent transfer
Status: in_force

(a) (1) A Title IV-D child support, paternity, or Medicaid-only case shall remain within the clearinghouse for payment, collection, and distribution purposes even though a custodial parent may elect to close the case with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration in regard to establishment and enforcement services. (2) The cases shall be referred to as non-Title IV-D clearinghouse cases. (b) In the event a child support case begins paying through the clearinghouse, all payments shall continue to be paid through the clearinghouse for the life of the case. (c) (1) Effective October 1, 1998, by operation of law, all cases that are enforced by the state in which the support order was initially issued on or after January 1, 1994, and in which income of the noncustodial parent is subject to withholding, shall be paid through the clearinghouse. (2) All child support cases once paid through the clearinghouse, Title IV-D and non-Title IV-D clearinghouse cases, shall continue to be paid through the clearinghouse in accordance with this section. (3) All other child support payments currently being paid through the registry of the circuit court shall continue to be paid through the registry: (A) Until October 1, 1999, at which time all child support payments made through income withholding shall, by operation of law, be redirected and paid through the clearinghouse; (B) Until an assignment of child support to the office is made in a case; or (C) Until such time as the office and the clerk of the court agree that child support payments may be redirected to and paid through the clearinghouse prior to September 30, 1999, but any such agreement shall not be effective until October 1, 1998. (4) For all child support cases with income withholding that are redirected to and paid through the clearinghouse in accordance with subdivisions (c)(1) and (2) of this section, the clerk of the court shall enter into the Arkansas Child Support Data Tracking System or shall supply by first class mail on an approved form any and all information required by the office sufficient to process child support payments. Acts 1995, No. 1344, § 5; 1997, No. 1296, § 37

(a) (1) A Title IV-D child support, paternity, or Medicaid-only case shall remain within the clearinghouse for payment, collection, and distribution purposes even though a custodial parent may elect to close the case with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration in regard to establishment and enforcement services. (2) The cases shall be referred to as non-Title IV-D clearinghouse cases.

(1) A Title IV-D child support, paternity, or Medicaid-only case shall remain within the clearinghouse for payment, collection, and distribution purposes even though a custodial parent may elect to close the case with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration in regard to establishment and enforcement services.

(2) The cases shall be referred to as non-Title IV-D clearinghouse cases.

(b) In the event a child support case begins paying through the clearinghouse, all payments shall continue to be paid through the clearinghouse for the life of the case.

(c) (1) Effective October 1, 1998, by operation of law, all cases that are enforced by the state in which the support order was initially issued on or after January 1, 1994, and in which income of the noncustodial parent is subject to withholding, shall be paid through the clearinghouse. (2) All child support cases once paid through the clearinghouse, Title IV-D and non-Title IV-D clearinghouse cases, shall continue to be paid through the clearinghouse in accordance with this section. (3) All other child support payments currently being paid through the registry of the circuit court shall continue to be paid through the registry: (A) Until October 1, 1999, at which time all child support payments made through income withholding shall, by operation of law, be redirected and paid through the clearinghouse; (B) Until an assignment of child support to the office is made in a case; or (C) Until such time as the office and the clerk of the court agree that child support payments may be redirected to and paid through the clearinghouse prior to September 30, 1999, but any such agreement shall not be effective until October 1, 1998. (4) For all child support cases with income withholding that are redirected to and paid through the clearinghouse in accordance with subdivisions (c)(1) and (2) of this section, the clerk of the court shall enter into the Arkansas Child Support Data Tracking System or shall supply by first class mail on an approved form any and all information required by the office sufficient to process child support payments.

(1) Effective October 1, 1998, by operation of law, all cases that are enforced by the state in which the support order was initially issued on or after January 1, 1994, and in which income of the noncustodial parent is subject to withholding, shall be paid through the clearinghouse.

(2) All child support cases once paid through the clearinghouse, Title IV-D and non-Title IV-D clearinghouse cases, shall continue to be paid through the clearinghouse in accordance with this section.

(3) All other child support payments currently being paid through the registry of the circuit court shall continue to be paid through the registry: (A) Until October 1, 1999, at which time all child support payments made through income withholding shall, by operation of law, be redirected and paid through the clearinghouse; (B) Until an assignment of child support to the office is made in a case; or (C) Until such time as the office and the clerk of the court agree that child support payments may be redirected to and paid through the clearinghouse prior to September 30, 1999, but any such agreement shall not be effective until October 1, 1998.

(A) Until October 1, 1999, at which time all child support payments made through income withholding shall, by operation of law, be redirected and paid through the clearinghouse;

(B) Until an assignment of child support to the office is made in a case; or

(C) Until such time as the office and the clerk of the court agree that child support payments may be redirected to and paid through the clearinghouse prior to September 30, 1999, but any such agreement shall not be effective until October 1, 1998.

(4) For all child support cases with income withholding that are redirected to and paid through the clearinghouse in accordance with subdivisions (c)(1) and (2) of this section, the clerk of the court shall enter into the Arkansas Child Support Data Tracking System or shall supply by first class mail on an approved form any and all information required by the office sufficient to process child support payments.

Acts 1995, No. 1344, § 5; 1997, No. 1296, § 37
Ark. Code Ann. § 9-27-329 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-329
Disposition hearing
Status: in_force

(a) If the circuit court finds that the petition has been substantiated by the proof at the adjudication hearing, a disposition hearing shall be held for the court to enter orders consistent with the disposition alternatives. (b) When a juvenile is held in detention after an adjudication hearing for delinquency pending a disposition hearing, the disposition hearing shall be held no more than fourteen (14) days following the adjudication hearing. (c) In dependency-neglect proceedings, the disposition hearing may be held immediately following or concurrent with the adjudication hearing but in any event shall be held no more than fourteen (14) days following the adjudication hearing. (d) In initially considering the disposition alternatives and at any subsequent hearing, the court shall give preference to the least restrictive disposition consistent with the best interests and welfare of the juvenile and the public. (e) In dependency-neglect cases, a written disposition order shall be filed by the court, or by a party or party's attorney as designated by the court, within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner. (f) At the disposition hearing, the court may admit into evidence any victim impact statements and studies or reports that have been ordered, even though they are not admissible at the adjudication hearing. Amended by Act 2017, No. 701,§ 3, eff. 8/1/2017 Acts 1989, No. 273, § 28; 1997, No. 1227, § 7; 1999, No. 401, § 8; 2001, No. 1503, § 8; 2003, No. 1809, § 5; 2009, No. 956, § 11

(a) If the circuit court finds that the petition has been substantiated by the proof at the adjudication hearing, a disposition hearing shall be held for the court to enter orders consistent with the disposition alternatives.

(b) When a juvenile is held in detention after an adjudication hearing for delinquency pending a disposition hearing, the disposition hearing shall be held no more than fourteen (14) days following the adjudication hearing.

(c) In dependency-neglect proceedings, the disposition hearing may be held immediately following or concurrent with the adjudication hearing but in any event shall be held no more than fourteen (14) days following the adjudication hearing.

(d) In initially considering the disposition alternatives and at any subsequent hearing, the court shall give preference to the least restrictive disposition consistent with the best interests and welfare of the juvenile and the public.

(e) In dependency-neglect cases, a written disposition order shall be filed by the court, or by a party or party's attorney as designated by the court, within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner.

(f) At the disposition hearing, the court may admit into evidence any victim impact statements and studies or reports that have been ordered, even though they are not admissible at the adjudication hearing.

Amended by Act 2017, No. 701,§ 3, eff. 8/1/2017

Acts 1989, No. 273, § 28; 1997, No. 1227, § 7; 1999, No. 401, § 8; 2001, No. 1503, § 8; 2003, No. 1809, § 5; 2009, No. 956, § 11