Ark. Code Ann. § 9-9-208 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-208
How consent is executed
Status: in_force

(a) The required consent to adoption shall be executed at any time after the birth of the child and in the manner following: (1) If by the individual to be adopted, in the presence of the court; (2) If by an agency, by the executive head or other authorized representative, in the presence of a person authorized to take acknowledgments; (3) If by any other person, in the presence of the court or in the presence of a person authorized to take acknowledgments; (4) If by a court, by appropriate order or certificate. (b) A consent which does not name or otherwise identify the adopting parent is valid if the consent contains a statement by the person whose consent it is that the person consenting voluntarily executed the consent irrespective of disclosure of the name or other identification of the adopting parent. (c) If the parent is a minor, the writing shall be signed by a court-ordered guardian ad litem, who has been appointed by a judge of a court of record in this state to appear on behalf of the minor parent for the purpose of executing consent. The signing shall be made in the presence of an authorized representative of the Arkansas licensed placement agency taking custody of the child, or in the presence of a notary public, or in the presence and with the approval of a judge of a court of record of this state or any other state in which the minor was present at the time it was signed. (d) (1) A parent whose consent to adoption is required under this subchapter shall have limited, independent legal representation for the purpose of: (A) Executing the consent to adoption; and (B) Withdrawing the consent to adoption if the parent elects to withdraw the consent as permitted under this subchapter. (2) The attorney: (A) Shall not represent any other party in the adoption; and (B) Shall certify, by signing the writing after its execution by the parent, that: (i) The attorney has explained to the parent the effect of consenting to the adoption; and (ii) The parent appeared to consent voluntarily and of his or her own free will. (3) This subsection shall not apply to an adoption if the petitioner is: (A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted; (B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or (C) Represented by an attorney pro bono in the adoption proceeding. (4) (A) A parent whose consent to adoption is required under this subchapter may elect not to be represented by an independent attorney as provided in subdivision (d)(1) of this section by signing under oath, in the presence of a notary public, an affidavit that includes the following: (i) A statement that the parent understands that he or she has been offered limited representation by an attorney, who does not also represent the petitioner, to provide him or her with independent legal advice concerning the effects of consenting to the adoption; (ii) A statement that the parent understands that the petitioner is willing to pay for the limited representation; and (iii) A statement that the parent has, after considering his or her right to an independent attorney, knowingly and voluntarily and without coercion or undue influence from any other person elected not to be represented by an attorney for the purpose of executing the consent and, if the parent elects, withdrawing the consent. (B) This affidavit shall, before the petition is heard, be filed with the court having jurisdiction over the adoption proceeding. (e) (1) If a parent whose consent to adoption is required under this subchapter does not speak English as a native language, the parent shall be provided a qualified interpreter for the purpose of interpreting the consent to adoption into the native language of the parent before its execution by the parent unless a petitioner is: (A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted; (B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or (C) Represented by an attorney pro bono in the adoption proceeding. (2) For the purposes of this section, a qualified interpreter is an interpreter who appears on the current registry of court interpreters maintained by the Administrative Office of the Courts under § 16-10-1101 et seq. (3) The interpreter services: (A) Shall be paid for by the petitioner; and (B) May be provided in person, by telephone, by a video-conferencing application, or by comparable means. (4) If required, the consent to adoption shall: (A) Identify the native language of the parent; (B) Provide the name and qualifications of the qualified interpreter; and (C) Describe the method used by the qualified interpreter to interpret the consent to adoption. (5) A parent to whom subdivision (e)(1) of this section applies may elect not to use a court interpreter by signing under oath, in the presence of a notary public, an affidavit that includes the following: (A) A statement that identifies the native language of the parent; (B) An acknowledgment that the parent has been offered a qualified interpreter to interpret the consent to adoption into the parent's native language; (C) An acknowledgment that the petitioner is willing to pay for the qualified interpreter; (D) A statement that the parent elects not to use a qualified interpreter in executing the consent because: (i) The parent is proficient enough in English to understand the legal documents without the assistance of a qualified interpreter; or (ii) The parent's attorney can explain in the parent's native language the consent and implications of signing a consent to adoption; and (E) A statement that the parent elects not to use a qualified interpreter knowingly and voluntarily, and without coercion or undue influence from any other person. (6) The affidavit under subdivision (e)(5) of this section shall be: (A) In English; (B) Translated into the native language of the parent by a qualified interpreter; and (C) Filed, before the petition is heard, with the court having jurisdiction over the adoption proceeding. Amended by Act 2021, No. 599,§ 1, eff. 7/28/2021. Acts 1977, No. 735, § 8; A.S.A. 1947, § 56-208; Acts 1991, No. 774, § 1

(a) The required consent to adoption shall be executed at any time after the birth of the child and in the manner following: (1) If by the individual to be adopted, in the presence of the court; (2) If by an agency, by the executive head or other authorized representative, in the presence of a person authorized to take acknowledgments; (3) If by any other person, in the presence of the court or in the presence of a person authorized to take acknowledgments; (4) If by a court, by appropriate order or certificate.

(1) If by the individual to be adopted, in the presence of the court;

(2) If by an agency, by the executive head or other authorized representative, in the presence of a person authorized to take acknowledgments;

(3) If by any other person, in the presence of the court or in the presence of a person authorized to take acknowledgments;

(4) If by a court, by appropriate order or certificate.

(b) A consent which does not name or otherwise identify the adopting parent is valid if the consent contains a statement by the person whose consent it is that the person consenting voluntarily executed the consent irrespective of disclosure of the name or other identification of the adopting parent.

(c) If the parent is a minor, the writing shall be signed by a court-ordered guardian ad litem, who has been appointed by a judge of a court of record in this state to appear on behalf of the minor parent for the purpose of executing consent. The signing shall be made in the presence of an authorized representative of the Arkansas licensed placement agency taking custody of the child, or in the presence of a notary public, or in the presence and with the approval of a judge of a court of record of this state or any other state in which the minor was present at the time it was signed.

(d) (1) A parent whose consent to adoption is required under this subchapter shall have limited, independent legal representation for the purpose of: (A) Executing the consent to adoption; and (B) Withdrawing the consent to adoption if the parent elects to withdraw the consent as permitted under this subchapter. (2) The attorney: (A) Shall not represent any other party in the adoption; and (B) Shall certify, by signing the writing after its execution by the parent, that: (i) The attorney has explained to the parent the effect of consenting to the adoption; and (ii) The parent appeared to consent voluntarily and of his or her own free will. (3) This subsection shall not apply to an adoption if the petitioner is: (A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted; (B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or (C) Represented by an attorney pro bono in the adoption proceeding. (4) (A) A parent whose consent to adoption is required under this subchapter may elect not to be represented by an independent attorney as provided in subdivision (d)(1) of this section by signing under oath, in the presence of a notary public, an affidavit that includes the following: (i) A statement that the parent understands that he or she has been offered limited representation by an attorney, who does not also represent the petitioner, to provide him or her with independent legal advice concerning the effects of consenting to the adoption; (ii) A statement that the parent understands that the petitioner is willing to pay for the limited representation; and (iii) A statement that the parent has, after considering his or her right to an independent attorney, knowingly and voluntarily and without coercion or undue influence from any other person elected not to be represented by an attorney for the purpose of executing the consent and, if the parent elects, withdrawing the consent. (B) This affidavit shall, before the petition is heard, be filed with the court having jurisdiction over the adoption proceeding.

(1) A parent whose consent to adoption is required under this subchapter shall have limited, independent legal representation for the purpose of: (A) Executing the consent to adoption; and (B) Withdrawing the consent to adoption if the parent elects to withdraw the consent as permitted under this subchapter.

(A) Executing the consent to adoption; and

(B) Withdrawing the consent to adoption if the parent elects to withdraw the consent as permitted under this subchapter.

(2) The attorney: (A) Shall not represent any other party in the adoption; and (B) Shall certify, by signing the writing after its execution by the parent, that: (i) The attorney has explained to the parent the effect of consenting to the adoption; and (ii) The parent appeared to consent voluntarily and of his or her own free will.

(A) Shall not represent any other party in the adoption; and

(B) Shall certify, by signing the writing after its execution by the parent, that: (i) The attorney has explained to the parent the effect of consenting to the adoption; and (ii) The parent appeared to consent voluntarily and of his or her own free will.

(i) The attorney has explained to the parent the effect of consenting to the adoption; and

(ii) The parent appeared to consent voluntarily and of his or her own free will.

(3) This subsection shall not apply to an adoption if the petitioner is: (A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted; (B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or (C) Represented by an attorney pro bono in the adoption proceeding.

(A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted;

(B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or

(C) Represented by an attorney pro bono in the adoption proceeding.

(4) (A) A parent whose consent to adoption is required under this subchapter may elect not to be represented by an independent attorney as provided in subdivision (d)(1) of this section by signing under oath, in the presence of a notary public, an affidavit that includes the following: (i) A statement that the parent understands that he or she has been offered limited representation by an attorney, who does not also represent the petitioner, to provide him or her with independent legal advice concerning the effects of consenting to the adoption; (ii) A statement that the parent understands that the petitioner is willing to pay for the limited representation; and (iii) A statement that the parent has, after considering his or her right to an independent attorney, knowingly and voluntarily and without coercion or undue influence from any other person elected not to be represented by an attorney for the purpose of executing the consent and, if the parent elects, withdrawing the consent. (B) This affidavit shall, before the petition is heard, be filed with the court having jurisdiction over the adoption proceeding.

(A) A parent whose consent to adoption is required under this subchapter may elect not to be represented by an independent attorney as provided in subdivision (d)(1) of this section by signing under oath, in the presence of a notary public, an affidavit that includes the following: (i) A statement that the parent understands that he or she has been offered limited representation by an attorney, who does not also represent the petitioner, to provide him or her with independent legal advice concerning the effects of consenting to the adoption; (ii) A statement that the parent understands that the petitioner is willing to pay for the limited representation; and (iii) A statement that the parent has, after considering his or her right to an independent attorney, knowingly and voluntarily and without coercion or undue influence from any other person elected not to be represented by an attorney for the purpose of executing the consent and, if the parent elects, withdrawing the consent.

(i) A statement that the parent understands that he or she has been offered limited representation by an attorney, who does not also represent the petitioner, to provide him or her with independent legal advice concerning the effects of consenting to the adoption;

(ii) A statement that the parent understands that the petitioner is willing to pay for the limited representation; and

(iii) A statement that the parent has, after considering his or her right to an independent attorney, knowingly and voluntarily and without coercion or undue influence from any other person elected not to be represented by an attorney for the purpose of executing the consent and, if the parent elects, withdrawing the consent.

(B) This affidavit shall, before the petition is heard, be filed with the court having jurisdiction over the adoption proceeding.

(e) (1) If a parent whose consent to adoption is required under this subchapter does not speak English as a native language, the parent shall be provided a qualified interpreter for the purpose of interpreting the consent to adoption into the native language of the parent before its execution by the parent unless a petitioner is: (A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted; (B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or (C) Represented by an attorney pro bono in the adoption proceeding. (2) For the purposes of this section, a qualified interpreter is an interpreter who appears on the current registry of court interpreters maintained by the Administrative Office of the Courts under § 16-10-1101 et seq. (3) The interpreter services: (A) Shall be paid for by the petitioner; and (B) May be provided in person, by telephone, by a video-conferencing application, or by comparable means. (4) If required, the consent to adoption shall: (A) Identify the native language of the parent; (B) Provide the name and qualifications of the qualified interpreter; and (C) Describe the method used by the qualified interpreter to interpret the consent to adoption. (5) A parent to whom subdivision (e)(1) of this section applies may elect not to use a court interpreter by signing under oath, in the presence of a notary public, an affidavit that includes the following: (A) A statement that identifies the native language of the parent; (B) An acknowledgment that the parent has been offered a qualified interpreter to interpret the consent to adoption into the parent's native language; (C) An acknowledgment that the petitioner is willing to pay for the qualified interpreter; (D) A statement that the parent elects not to use a qualified interpreter in executing the consent because: (i) The parent is proficient enough in English to understand the legal documents without the assistance of a qualified interpreter; or (ii) The parent's attorney can explain in the parent's native language the consent and implications of signing a consent to adoption; and (E) A statement that the parent elects not to use a qualified interpreter knowingly and voluntarily, and without coercion or undue influence from any other person. (6) The affidavit under subdivision (e)(5) of this section shall be: (A) In English; (B) Translated into the native language of the parent by a qualified interpreter; and (C) Filed, before the petition is heard, with the court having jurisdiction over the adoption proceeding.

(1) If a parent whose consent to adoption is required under this subchapter does not speak English as a native language, the parent shall be provided a qualified interpreter for the purpose of interpreting the consent to adoption into the native language of the parent before its execution by the parent unless a petitioner is: (A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted; (B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or (C) Represented by an attorney pro bono in the adoption proceeding.

(A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted;

(B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or

(C) Represented by an attorney pro bono in the adoption proceeding.

(2) For the purposes of this section, a qualified interpreter is an interpreter who appears on the current registry of court interpreters maintained by the Administrative Office of the Courts under § 16-10-1101 et seq.

(3) The interpreter services: (A) Shall be paid for by the petitioner; and (B) May be provided in person, by telephone, by a video-conferencing application, or by comparable means.

(A) Shall be paid for by the petitioner; and

(B) May be provided in person, by telephone, by a video-conferencing application, or by comparable means.

(4) If required, the consent to adoption shall: (A) Identify the native language of the parent; (B) Provide the name and qualifications of the qualified interpreter; and (C) Describe the method used by the qualified interpreter to interpret the consent to adoption.

(A) Identify the native language of the parent;

(B) Provide the name and qualifications of the qualified interpreter; and

(C) Describe the method used by the qualified interpreter to interpret the consent to adoption.

(5) A parent to whom subdivision (e)(1) of this section applies may elect not to use a court interpreter by signing under oath, in the presence of a notary public, an affidavit that includes the following: (A) A statement that identifies the native language of the parent; (B) An acknowledgment that the parent has been offered a qualified interpreter to interpret the consent to adoption into the parent's native language; (C) An acknowledgment that the petitioner is willing to pay for the qualified interpreter; (D) A statement that the parent elects not to use a qualified interpreter in executing the consent because: (i) The parent is proficient enough in English to understand the legal documents without the assistance of a qualified interpreter; or (ii) The parent's attorney can explain in the parent's native language the consent and implications of signing a consent to adoption; and (E) A statement that the parent elects not to use a qualified interpreter knowingly and voluntarily, and without coercion or undue influence from any other person.

(A) A statement that identifies the native language of the parent;

(B) An acknowledgment that the parent has been offered a qualified interpreter to interpret the consent to adoption into the parent's native language;

(C) An acknowledgment that the petitioner is willing to pay for the qualified interpreter;

(D) A statement that the parent elects not to use a qualified interpreter in executing the consent because: (i) The parent is proficient enough in English to understand the legal documents without the assistance of a qualified interpreter; or (ii) The parent's attorney can explain in the parent's native language the consent and implications of signing a consent to adoption; and

(i) The parent is proficient enough in English to understand the legal documents without the assistance of a qualified interpreter; or

(ii) The parent's attorney can explain in the parent's native language the consent and implications of signing a consent to adoption; and

(E) A statement that the parent elects not to use a qualified interpreter knowingly and voluntarily, and without coercion or undue influence from any other person.

(6) The affidavit under subdivision (e)(5) of this section shall be: (A) In English; (B) Translated into the native language of the parent by a qualified interpreter; and (C) Filed, before the petition is heard, with the court having jurisdiction over the adoption proceeding.

(A) In English;

(B) Translated into the native language of the parent by a qualified interpreter; and

(C) Filed, before the petition is heard, with the court having jurisdiction over the adoption proceeding.

Amended by Act 2021, No. 599,§ 1, eff. 7/28/2021.

Acts 1977, No. 735, § 8; A.S.A. 1947, § 56-208; Acts 1991, No. 774, § 1
Ark. Code Ann. § 9-27-309 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-309
Confidentiality of records - Definition
Status: in_force

(a) All records may be closed and confidential within the discretion of the circuit court, except: (1) Adoption records, including any part of a dependency-neglect record that includes adoption records, shall be closed and confidential as provided in the Revised Uniform Adoption Act, § 9-9-201 et seq.; (2) Records of delinquency adjudications for which a juvenile could have been tried as an adult shall be made available to prosecuting attorneys for use at sentencing if the juvenile is subsequently tried as an adult or to determine if the juvenile should be tried as an adult; and (3) The Administrative Office of the Courts shall provide the Arkansas Crime Information Center with records of delinquency adjudications for a juvenile adjudicated delinquent for an offense for which juvenile fingerprints shall be taken under § 9-27-320 . (b) (1) (A) Records of delinquency adjudications for a felony involving violence as defined under § 5-4-501 shall be kept for ten (10) years after the last adjudication of delinquency or the date of a plea of guilty or nolo contendere or a finding of guilt as an adult. (B) Thereafter they may be expunged. (2) The court may expunge other juvenile records at any time and shall expunge all the records of a juvenile upon his or her twenty-first birthday, in other types of delinquency, dependency-neglect, or families in need of services cases. (3) For purposes of this section, "expunge" means to destroy. (c) Records of juveniles who are designated as extended juvenile jurisdiction offenders shall be kept for ten (10) years after the last adjudication of delinquency, date of plea of guilty or nolo contendere, or finding of guilt as an adult or until the juvenile's twenty-first birthday, whichever is longer. (d) (1) If an adult criminal sentence is imposed on an extended juvenile jurisdiction offender, the record of that case shall be considered an adult criminal record. (2) (A) The court shall enter an order transferring the juvenile record to the clerk who is the custodian of adult criminal records. (B) The clerk shall assign a criminal docket number and shall maintain the file as if the case had originated as a criminal case. (e) This section does not apply to nor restrict the use or publication of statistics, data, or other materials that summarize or refer to any records, reports, statements, notes, or other information in the aggregate and that do not refer to or disclose the identity of any juvenile defendant in any proceeding when used only for the purpose of research and study. (f) This subchapter does not preclude prosecuting attorneys or the court from providing information, upon written request, concerning the disposition of a juvenile who has been adjudicated delinquent to: (1) The victim or his or her next of kin; or (2) The school superintendent of the school district or the designee of the school superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services. (g) The prosecuting attorney shall notify the school superintendent or the designee of the school superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services if the juvenile is adjudicated delinquent for: (1) An offense for which the juvenile could have been charged as an adult; (2) An offense involving a deadly weapon under § 5-1-102 ; (3) Kidnapping under § 5-11-102 ; (4) Battery in the first degree under § 5-13-201 ; (5) Sexual indecency with a child under § 5-14-110 ; (6) First, second, third, or fourth degree sexual assault under §§ 5-14-124 - 5-14-127 ; or (7) The unlawful possession of a handgun under § 5-73-119 . (h) Information provided pursuant to subsections (f) and (g) of this section shall not be released in violation of any state or federal law protecting the privacy of the juvenile. (i) (1) If a juvenile is arrested for unlawful possession of a firearm under § 5-73-119 , an offense involving a deadly weapon under § 5-1-102 , or battery in the first degree under § 5-13-201 , the arresting agency shall orally notify the superintendent or the designee of the superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services of the offense for which the juvenile was arrested or detained within twenty-four (24) hours of the arrest or detention or before the next school day, whichever is earlier. (2) (A) The superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services shall then immediately notify: (i) The principal of the school; (ii) The resource officer of the school; and (iii) Any other school official with a legitimate educational interest in the juvenile. (B) The arrest information shall: (i) Be treated as confidential information; and (ii) Not be disclosed by the superintendent or the designee of the superintendent to any person other than a person listed in subdivision (i)(2)(A) of this section. (C) A person listed in subdivision (i)(2)(A) of this section who is notified of the arrest or detention of a juvenile by the superintendent or the designee of the superintendent shall maintain the confidentiality of the information he or she receives. (3) The arrest information shall be used by the school only for the limited purpose of obtaining services for the juvenile or to ensure school safety. (j) Records of the arrest of a juvenile, the detention of a juvenile, proceedings under this subchapter, and the records of an investigation that is conducted when the alleged offender is an adult and relates to an offense that occurred when the alleged offender was a juvenile shall be confidential and shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., unless: (1) Authorized by a written order of the juvenile division of circuit court; (2) The arrest or the proceedings under this subchapter result in the juvenile's being formally charged in the criminal division of circuit court for a felony; or (3) As allowed under this section or § 9-27-320 . (k) Information regarding the arrest or detention of a juvenile and related proceedings under this subchapter shall be confidential unless the exchange of information is: (1) For the purpose of obtaining services for the juvenile, to ensure school safety, or to ensure public safety; (2) Reasonably necessary to achieve one (1) or more purposes; and (3) Under a written order by the circuit court. (l) (1) The information may be given only to the following persons: (A) A school counselor; (B) A juvenile court probation officer or caseworker; (C) A law enforcement officer; (D) A spiritual representative designated by the juvenile or his or her parents or legal guardian; (E) A Department of Human Services caseworker; (F) A community-based provider designated by the court, the school, or the parent or legal guardian of the juvenile; (G) A Department of Health representative; (H) The juvenile's attorney ad litem or other court-appointed special advocate; or (I) (i) A school superintendent or the designee of the superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services. (ii) A school superintendent or the designee of the superintendent of the school district in which the juvenile is enrolled or from which the juvenile receives services shall immediately notify the following persons of information he or she obtains under subsection (k) of this section: (a) The principal of the school; (b) The resource officer of the school; and (c) Any other school official with a legitimate educational interest in the juvenile. (2) The persons listed in subdivision (l)(1) of this section may meet to exchange information, to discuss options for assistance to the juvenile, to develop and implement a plan of action to assist the juvenile, to ensure school safety, and to ensure public safety. (3) The juvenile and his or her parent or legal guardian shall be notified within a reasonable time before a meeting and may attend any meeting of the persons referred to in subdivision (l)(1) of this section when three (3) or more individuals meet to discuss assistance for the juvenile or protection of the public due to the juvenile's behavior. (4) Medical records, psychiatric records, psychological records, and related information shall remain confidential unless the juvenile's parent or legal guardian waives confidentiality in writing specifically describing the records to be disclosed between the persons listed in subdivision (l)(1) of this section and the purpose for the disclosure. (5) Persons listed in subdivision (l)(1) of this section who exchange any information referred to in this section may be held civilly liable for disclosure of the information if the person does not comply with limitations set forth in this section. (m) (1) When a court orders that a juvenile have a safety plan that restricts or requires supervised contact with another juvenile or juveniles as it relates to student or school safety, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan concerning student or school safety be provided to the school superintendent and principal of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services. (2) When a court order amends or removes any safety plan outlined in subdivision (m)(1) of this section, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan, as it relates to student or school safety, be provided to the school superintendent and principal of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services. (3) (A) The superintendent or principal of the school district in which the juvenile is enrolled or from which the juvenile receives services shall provide verbal notification only to school officials who are necessary to implement the safety plan as ordered by the court to ensure student safety. (B) This verbal notification may only be provided to assistant principals, counselors, resource officers, and the school employees who are primarily responsible for the supervision of the juvenile or responsible for the learning environment of the juvenile in the school district in which the juvenile is enrolled or from which the juvenile receives services, and to bus drivers, if applicable. (4) Any school officials that receive a court order and safety plan or information concerning the court order and safety plan shall: (A) Keep the information confidential and shall sign a statement not to disclose the information concerning the court order and safety plan that shall be kept by the superintendent or principal along with the court order and safety plan; (B) Keep the information confidential and shall not disclose the information to any person not listed in subdivision (l)(1) of this section; (C) Include the information in the juvenile's permanent educational records; and (D) (i) Treat the information and documentation contained in the court order as education records under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g . (ii) A school official shall not release, disclose, or make available the information and documentation contained in the court order for inspection to any party except as permitted under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g . (iii) However, the local education agency shall not under any circumstance release, disclose, or make available for inspection to the public, any college, university, institution of higher education, vocational or trade school, or any past, present, or future employer of the student the court order or safety plan portion of a student record. (5) When a student attains an age that he or she is no longer under the jurisdiction of the juvenile division of circuit court, the safety plan and the order regarding the safety plan shall be removed from the juvenile's permanent records at the local education agency and destroyed. Amended by Act 2023, No. 271,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 647,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 647,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 647,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 647,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 891,§ 1, eff. 8/1/2017 Amended by Act 2015, No. 1016,§ 2, eff. 7/22/2015 Amended by Act 2015, No. 1016,§ 1, eff. 7/22/2015 Acts 1989, No. 273, § 8; 1993, No. 535, § 3; 1993, No. 551, § 3; 1993, No. 758, § 4; 1994 (2nd Ex. Sess.), No. 69, § 1; 1994 (2nd Ex. Sess.), No. 70, § 1; 1999, No. 1192, § 13; 1999, No. 1451, § 1; 2001, No. 1268, § 1; 2003, No. 1166, § 6; 2009, No. 956, § 8

(a) All records may be closed and confidential within the discretion of the circuit court, except: (1) Adoption records, including any part of a dependency-neglect record that includes adoption records, shall be closed and confidential as provided in the Revised Uniform Adoption Act, § 9-9-201 et seq.; (2) Records of delinquency adjudications for which a juvenile could have been tried as an adult shall be made available to prosecuting attorneys for use at sentencing if the juvenile is subsequently tried as an adult or to determine if the juvenile should be tried as an adult; and (3) The Administrative Office of the Courts shall provide the Arkansas Crime Information Center with records of delinquency adjudications for a juvenile adjudicated delinquent for an offense for which juvenile fingerprints shall be taken under § 9-27-320 .

(1) Adoption records, including any part of a dependency-neglect record that includes adoption records, shall be closed and confidential as provided in the Revised Uniform Adoption Act, § 9-9-201 et seq.;

(2) Records of delinquency adjudications for which a juvenile could have been tried as an adult shall be made available to prosecuting attorneys for use at sentencing if the juvenile is subsequently tried as an adult or to determine if the juvenile should be tried as an adult; and

(3) The Administrative Office of the Courts shall provide the Arkansas Crime Information Center with records of delinquency adjudications for a juvenile adjudicated delinquent for an offense for which juvenile fingerprints shall be taken under § 9-27-320 .

(b) (1) (A) Records of delinquency adjudications for a felony involving violence as defined under § 5-4-501 shall be kept for ten (10) years after the last adjudication of delinquency or the date of a plea of guilty or nolo contendere or a finding of guilt as an adult. (B) Thereafter they may be expunged. (2) The court may expunge other juvenile records at any time and shall expunge all the records of a juvenile upon his or her twenty-first birthday, in other types of delinquency, dependency-neglect, or families in need of services cases. (3) For purposes of this section, "expunge" means to destroy.

(1) (A) Records of delinquency adjudications for a felony involving violence as defined under § 5-4-501 shall be kept for ten (10) years after the last adjudication of delinquency or the date of a plea of guilty or nolo contendere or a finding of guilt as an adult. (B) Thereafter they may be expunged.

(A) Records of delinquency adjudications for a felony involving violence as defined under § 5-4-501 shall be kept for ten (10) years after the last adjudication of delinquency or the date of a plea of guilty or nolo contendere or a finding of guilt as an adult.

(B) Thereafter they may be expunged.

(2) The court may expunge other juvenile records at any time and shall expunge all the records of a juvenile upon his or her twenty-first birthday, in other types of delinquency, dependency-neglect, or families in need of services cases.

(3) For purposes of this section, "expunge" means to destroy.

(c) Records of juveniles who are designated as extended juvenile jurisdiction offenders shall be kept for ten (10) years after the last adjudication of delinquency, date of plea of guilty or nolo contendere, or finding of guilt as an adult or until the juvenile's twenty-first birthday, whichever is longer.

(d) (1) If an adult criminal sentence is imposed on an extended juvenile jurisdiction offender, the record of that case shall be considered an adult criminal record. (2) (A) The court shall enter an order transferring the juvenile record to the clerk who is the custodian of adult criminal records. (B) The clerk shall assign a criminal docket number and shall maintain the file as if the case had originated as a criminal case.

(1) If an adult criminal sentence is imposed on an extended juvenile jurisdiction offender, the record of that case shall be considered an adult criminal record.

(2) (A) The court shall enter an order transferring the juvenile record to the clerk who is the custodian of adult criminal records. (B) The clerk shall assign a criminal docket number and shall maintain the file as if the case had originated as a criminal case.

(A) The court shall enter an order transferring the juvenile record to the clerk who is the custodian of adult criminal records.

(B) The clerk shall assign a criminal docket number and shall maintain the file as if the case had originated as a criminal case.

(e) This section does not apply to nor restrict the use or publication of statistics, data, or other materials that summarize or refer to any records, reports, statements, notes, or other information in the aggregate and that do not refer to or disclose the identity of any juvenile defendant in any proceeding when used only for the purpose of research and study.

(f) This subchapter does not preclude prosecuting attorneys or the court from providing information, upon written request, concerning the disposition of a juvenile who has been adjudicated delinquent to: (1) The victim or his or her next of kin; or (2) The school superintendent of the school district or the designee of the school superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services.

(1) The victim or his or her next of kin; or

(2) The school superintendent of the school district or the designee of the school superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services.

(g) The prosecuting attorney shall notify the school superintendent or the designee of the school superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services if the juvenile is adjudicated delinquent for: (1) An offense for which the juvenile could have been charged as an adult; (2) An offense involving a deadly weapon under § 5-1-102 ; (3) Kidnapping under § 5-11-102 ; (4) Battery in the first degree under § 5-13-201 ; (5) Sexual indecency with a child under § 5-14-110 ; (6) First, second, third, or fourth degree sexual assault under §§ 5-14-124 - 5-14-127 ; or (7) The unlawful possession of a handgun under § 5-73-119 .

(1) An offense for which the juvenile could have been charged as an adult;

(2) An offense involving a deadly weapon under § 5-1-102 ;

(3) Kidnapping under § 5-11-102 ;

(4) Battery in the first degree under § 5-13-201 ;

(5) Sexual indecency with a child under § 5-14-110 ;

(6) First, second, third, or fourth degree sexual assault under §§ 5-14-124 - 5-14-127 ; or

(7) The unlawful possession of a handgun under § 5-73-119 .

(h) Information provided pursuant to subsections (f) and (g) of this section shall not be released in violation of any state or federal law protecting the privacy of the juvenile.

(i) (1) If a juvenile is arrested for unlawful possession of a firearm under § 5-73-119 , an offense involving a deadly weapon under § 5-1-102 , or battery in the first degree under § 5-13-201 , the arresting agency shall orally notify the superintendent or the designee of the superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services of the offense for which the juvenile was arrested or detained within twenty-four (24) hours of the arrest or detention or before the next school day, whichever is earlier. (2) (A) The superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services shall then immediately notify: (i) The principal of the school; (ii) The resource officer of the school; and (iii) Any other school official with a legitimate educational interest in the juvenile. (B) The arrest information shall: (i) Be treated as confidential information; and (ii) Not be disclosed by the superintendent or the designee of the superintendent to any person other than a person listed in subdivision (i)(2)(A) of this section. (C) A person listed in subdivision (i)(2)(A) of this section who is notified of the arrest or detention of a juvenile by the superintendent or the designee of the superintendent shall maintain the confidentiality of the information he or she receives. (3) The arrest information shall be used by the school only for the limited purpose of obtaining services for the juvenile or to ensure school safety.

(1) If a juvenile is arrested for unlawful possession of a firearm under § 5-73-119 , an offense involving a deadly weapon under § 5-1-102 , or battery in the first degree under § 5-13-201 , the arresting agency shall orally notify the superintendent or the designee of the superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services of the offense for which the juvenile was arrested or detained within twenty-four (24) hours of the arrest or detention or before the next school day, whichever is earlier.

(2) (A) The superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services shall then immediately notify: (i) The principal of the school; (ii) The resource officer of the school; and (iii) Any other school official with a legitimate educational interest in the juvenile. (B) The arrest information shall: (i) Be treated as confidential information; and (ii) Not be disclosed by the superintendent or the designee of the superintendent to any person other than a person listed in subdivision (i)(2)(A) of this section. (C) A person listed in subdivision (i)(2)(A) of this section who is notified of the arrest or detention of a juvenile by the superintendent or the designee of the superintendent shall maintain the confidentiality of the information he or she receives.

(A) The superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services shall then immediately notify: (i) The principal of the school; (ii) The resource officer of the school; and (iii) Any other school official with a legitimate educational interest in the juvenile.

(i) The principal of the school;

(ii) The resource officer of the school; and

(iii) Any other school official with a legitimate educational interest in the juvenile.

(B) The arrest information shall: (i) Be treated as confidential information; and (ii) Not be disclosed by the superintendent or the designee of the superintendent to any person other than a person listed in subdivision (i)(2)(A) of this section.

(i) Be treated as confidential information; and

(ii) Not be disclosed by the superintendent or the designee of the superintendent to any person other than a person listed in subdivision (i)(2)(A) of this section.

(C) A person listed in subdivision (i)(2)(A) of this section who is notified of the arrest or detention of a juvenile by the superintendent or the designee of the superintendent shall maintain the confidentiality of the information he or she receives.

(3) The arrest information shall be used by the school only for the limited purpose of obtaining services for the juvenile or to ensure school safety.

(j) Records of the arrest of a juvenile, the detention of a juvenile, proceedings under this subchapter, and the records of an investigation that is conducted when the alleged offender is an adult and relates to an offense that occurred when the alleged offender was a juvenile shall be confidential and shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., unless: (1) Authorized by a written order of the juvenile division of circuit court; (2) The arrest or the proceedings under this subchapter result in the juvenile's being formally charged in the criminal division of circuit court for a felony; or (3) As allowed under this section or § 9-27-320 .

(1) Authorized by a written order of the juvenile division of circuit court;

(2) The arrest or the proceedings under this subchapter result in the juvenile's being formally charged in the criminal division of circuit court for a felony; or

(3) As allowed under this section or § 9-27-320 .

(k) Information regarding the arrest or detention of a juvenile and related proceedings under this subchapter shall be confidential unless the exchange of information is: (1) For the purpose of obtaining services for the juvenile, to ensure school safety, or to ensure public safety; (2) Reasonably necessary to achieve one (1) or more purposes; and (3) Under a written order by the circuit court.

(1) For the purpose of obtaining services for the juvenile, to ensure school safety, or to ensure public safety;

(2) Reasonably necessary to achieve one (1) or more purposes; and

(3) Under a written order by the circuit court.

(l) (1) The information may be given only to the following persons: (A) A school counselor; (B) A juvenile court probation officer or caseworker; (C) A law enforcement officer; (D) A spiritual representative designated by the juvenile or his or her parents or legal guardian; (E) A Department of Human Services caseworker; (F) A community-based provider designated by the court, the school, or the parent or legal guardian of the juvenile; (G) A Department of Health representative; (H) The juvenile's attorney ad litem or other court-appointed special advocate; or (I) (i) A school superintendent or the designee of the superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services. (ii) A school superintendent or the designee of the superintendent of the school district in which the juvenile is enrolled or from which the juvenile receives services shall immediately notify the following persons of information he or she obtains under subsection (k) of this section: (a) The principal of the school; (b) The resource officer of the school; and (c) Any other school official with a legitimate educational interest in the juvenile. (2) The persons listed in subdivision (l)(1) of this section may meet to exchange information, to discuss options for assistance to the juvenile, to develop and implement a plan of action to assist the juvenile, to ensure school safety, and to ensure public safety. (3) The juvenile and his or her parent or legal guardian shall be notified within a reasonable time before a meeting and may attend any meeting of the persons referred to in subdivision (l)(1) of this section when three (3) or more individuals meet to discuss assistance for the juvenile or protection of the public due to the juvenile's behavior. (4) Medical records, psychiatric records, psychological records, and related information shall remain confidential unless the juvenile's parent or legal guardian waives confidentiality in writing specifically describing the records to be disclosed between the persons listed in subdivision (l)(1) of this section and the purpose for the disclosure. (5) Persons listed in subdivision (l)(1) of this section who exchange any information referred to in this section may be held civilly liable for disclosure of the information if the person does not comply with limitations set forth in this section.

(1) The information may be given only to the following persons: (A) A school counselor; (B) A juvenile court probation officer or caseworker; (C) A law enforcement officer; (D) A spiritual representative designated by the juvenile or his or her parents or legal guardian; (E) A Department of Human Services caseworker; (F) A community-based provider designated by the court, the school, or the parent or legal guardian of the juvenile; (G) A Department of Health representative; (H) The juvenile's attorney ad litem or other court-appointed special advocate; or (I) (i) A school superintendent or the designee of the superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services. (ii) A school superintendent or the designee of the superintendent of the school district in which the juvenile is enrolled or from which the juvenile receives services shall immediately notify the following persons of information he or she obtains under subsection (k) of this section: (a) The principal of the school; (b) The resource officer of the school; and (c) Any other school official with a legitimate educational interest in the juvenile.

(A) A school counselor;

(B) A juvenile court probation officer or caseworker;

(C) A law enforcement officer;

(D) A spiritual representative designated by the juvenile or his or her parents or legal guardian;

(E) A Department of Human Services caseworker;

(F) A community-based provider designated by the court, the school, or the parent or legal guardian of the juvenile;

(G) A Department of Health representative;

(H) The juvenile's attorney ad litem or other court-appointed special advocate; or

(I) (i) A school superintendent or the designee of the superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services. (ii) A school superintendent or the designee of the superintendent of the school district in which the juvenile is enrolled or from which the juvenile receives services shall immediately notify the following persons of information he or she obtains under subsection (k) of this section: (a) The principal of the school; (b) The resource officer of the school; and (c) Any other school official with a legitimate educational interest in the juvenile.

(i) A school superintendent or the designee of the superintendent of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services.

(ii) A school superintendent or the designee of the superintendent of the school district in which the juvenile is enrolled or from which the juvenile receives services shall immediately notify the following persons of information he or she obtains under subsection (k) of this section: (a) The principal of the school; (b) The resource officer of the school; and (c) Any other school official with a legitimate educational interest in the juvenile.

(a) The principal of the school;

(b) The resource officer of the school; and

(c) Any other school official with a legitimate educational interest in the juvenile.

(2) The persons listed in subdivision (l)(1) of this section may meet to exchange information, to discuss options for assistance to the juvenile, to develop and implement a plan of action to assist the juvenile, to ensure school safety, and to ensure public safety.

(3) The juvenile and his or her parent or legal guardian shall be notified within a reasonable time before a meeting and may attend any meeting of the persons referred to in subdivision (l)(1) of this section when three (3) or more individuals meet to discuss assistance for the juvenile or protection of the public due to the juvenile's behavior.

(4) Medical records, psychiatric records, psychological records, and related information shall remain confidential unless the juvenile's parent or legal guardian waives confidentiality in writing specifically describing the records to be disclosed between the persons listed in subdivision (l)(1) of this section and the purpose for the disclosure.

(5) Persons listed in subdivision (l)(1) of this section who exchange any information referred to in this section may be held civilly liable for disclosure of the information if the person does not comply with limitations set forth in this section.

(m) (1) When a court orders that a juvenile have a safety plan that restricts or requires supervised contact with another juvenile or juveniles as it relates to student or school safety, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan concerning student or school safety be provided to the school superintendent and principal of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services. (2) When a court order amends or removes any safety plan outlined in subdivision (m)(1) of this section, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan, as it relates to student or school safety, be provided to the school superintendent and principal of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services. (3) (A) The superintendent or principal of the school district in which the juvenile is enrolled or from which the juvenile receives services shall provide verbal notification only to school officials who are necessary to implement the safety plan as ordered by the court to ensure student safety. (B) This verbal notification may only be provided to assistant principals, counselors, resource officers, and the school employees who are primarily responsible for the supervision of the juvenile or responsible for the learning environment of the juvenile in the school district in which the juvenile is enrolled or from which the juvenile receives services, and to bus drivers, if applicable. (4) Any school officials that receive a court order and safety plan or information concerning the court order and safety plan shall: (A) Keep the information confidential and shall sign a statement not to disclose the information concerning the court order and safety plan that shall be kept by the superintendent or principal along with the court order and safety plan; (B) Keep the information confidential and shall not disclose the information to any person not listed in subdivision (l)(1) of this section; (C) Include the information in the juvenile's permanent educational records; and (D) (i) Treat the information and documentation contained in the court order as education records under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g . (ii) A school official shall not release, disclose, or make available the information and documentation contained in the court order for inspection to any party except as permitted under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g . (iii) However, the local education agency shall not under any circumstance release, disclose, or make available for inspection to the public, any college, university, institution of higher education, vocational or trade school, or any past, present, or future employer of the student the court order or safety plan portion of a student record. (5) When a student attains an age that he or she is no longer under the jurisdiction of the juvenile division of circuit court, the safety plan and the order regarding the safety plan shall be removed from the juvenile's permanent records at the local education agency and destroyed.

(1) When a court orders that a juvenile have a safety plan that restricts or requires supervised contact with another juvenile or juveniles as it relates to student or school safety, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan concerning student or school safety be provided to the school superintendent and principal of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services.

(2) When a court order amends or removes any safety plan outlined in subdivision (m)(1) of this section, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan, as it relates to student or school safety, be provided to the school superintendent and principal of the school district to which the juvenile transfers, in which the juvenile is enrolled, or from which the juvenile receives services.

(3) (A) The superintendent or principal of the school district in which the juvenile is enrolled or from which the juvenile receives services shall provide verbal notification only to school officials who are necessary to implement the safety plan as ordered by the court to ensure student safety. (B) This verbal notification may only be provided to assistant principals, counselors, resource officers, and the school employees who are primarily responsible for the supervision of the juvenile or responsible for the learning environment of the juvenile in the school district in which the juvenile is enrolled or from which the juvenile receives services, and to bus drivers, if applicable.

(A) The superintendent or principal of the school district in which the juvenile is enrolled or from which the juvenile receives services shall provide verbal notification only to school officials who are necessary to implement the safety plan as ordered by the court to ensure student safety.

(B) This verbal notification may only be provided to assistant principals, counselors, resource officers, and the school employees who are primarily responsible for the supervision of the juvenile or responsible for the learning environment of the juvenile in the school district in which the juvenile is enrolled or from which the juvenile receives services, and to bus drivers, if applicable.

(4) Any school officials that receive a court order and safety plan or information concerning the court order and safety plan shall: (A) Keep the information confidential and shall sign a statement not to disclose the information concerning the court order and safety plan that shall be kept by the superintendent or principal along with the court order and safety plan; (B) Keep the information confidential and shall not disclose the information to any person not listed in subdivision (l)(1) of this section; (C) Include the information in the juvenile's permanent educational records; and (D) (i) Treat the information and documentation contained in the court order as education records under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g . (ii) A school official shall not release, disclose, or make available the information and documentation contained in the court order for inspection to any party except as permitted under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g . (iii) However, the local education agency shall not under any circumstance release, disclose, or make available for inspection to the public, any college, university, institution of higher education, vocational or trade school, or any past, present, or future employer of the student the court order or safety plan portion of a student record.

(A) Keep the information confidential and shall sign a statement not to disclose the information concerning the court order and safety plan that shall be kept by the superintendent or principal along with the court order and safety plan;

(B) Keep the information confidential and shall not disclose the information to any person not listed in subdivision (l)(1) of this section;

(C) Include the information in the juvenile's permanent educational records; and

(D) (i) Treat the information and documentation contained in the court order as education records under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g . (ii) A school official shall not release, disclose, or make available the information and documentation contained in the court order for inspection to any party except as permitted under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g . (iii) However, the local education agency shall not under any circumstance release, disclose, or make available for inspection to the public, any college, university, institution of higher education, vocational or trade school, or any past, present, or future employer of the student the court order or safety plan portion of a student record.

(i) Treat the information and documentation contained in the court order as education records under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g .

(ii) A school official shall not release, disclose, or make available the information and documentation contained in the court order for inspection to any party except as permitted under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g .

(iii) However, the local education agency shall not under any circumstance release, disclose, or make available for inspection to the public, any college, university, institution of higher education, vocational or trade school, or any past, present, or future employer of the student the court order or safety plan portion of a student record.

(5) When a student attains an age that he or she is no longer under the jurisdiction of the juvenile division of circuit court, the safety plan and the order regarding the safety plan shall be removed from the juvenile's permanent records at the local education agency and destroyed.

Amended by Act 2023, No. 271,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 647,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 647,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 647,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 647,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 891,§ 1, eff. 8/1/2017

Amended by Act 2015, No. 1016,§ 2, eff. 7/22/2015

Amended by Act 2015, No. 1016,§ 1, eff. 7/22/2015

Acts 1989, No. 273, § 8; 1993, No. 535, § 3; 1993, No. 551, § 3; 1993, No. 758, § 4; 1994 (2nd Ex. Sess.), No. 69, § 1; 1994 (2nd Ex. Sess.), No. 70, § 1; 1999, No. 1192, § 13; 1999, No. 1451, § 1; 2001, No. 1268, § 1; 2003, No. 1166, § 6; 2009, No. 956, § 8
Ark. Code Ann. § 9-28-112 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-112
Foster children and educational issues
Status: in_force

(a) The Department of Human Services and school districts shall work together for the best interest of any child placed in the custody of the department. (b) By the next business day after the department exercises a seventy-two-hour hold on a child or a court places custody of a child with the department, the department shall inform the child's current school district, regardless of whether the child remains at his or her current school, that: (1) The department has exercised a seventy-two-hour hold on the child; or (2) The court has placed the child in the custody of the department. (c) By the next business day after a foster child transfers to a new placement, the department shall notify the child's current school that the foster child has transferred to a new placement. (d) By the next business day after the department reasonably believes that a foster child has experienced a traumatic event, the department may notify the school counselor of the child that the department reasonably believes that the foster child has experienced a traumatic event. (e) By the next business day after the department knows that a foster child has experienced a traumatic event through an investigation or an ongoing protective services case, the department may notify the school counselor of the child of the traumatic event that the department has knowledge of through an investigation or an ongoing protective services case. (f) The school counselor of the child may share information reported to the counselor under subsections (d) and (e) of this section with the school principal and the teachers of the child, if appropriate. (g) (1) The department or its designee, who may be a foster parent, shall make educational decisions for a child in the custody of the department related to general educational matters, subject to limitation only by the court having jurisdiction of the custody matter. (2) For educational matters under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., a foster parent may make decisions for a child in the custody of the department. Acts 2011, No. 591, § 1

(a) The Department of Human Services and school districts shall work together for the best interest of any child placed in the custody of the department.

(b) By the next business day after the department exercises a seventy-two-hour hold on a child or a court places custody of a child with the department, the department shall inform the child's current school district, regardless of whether the child remains at his or her current school, that: (1) The department has exercised a seventy-two-hour hold on the child; or (2) The court has placed the child in the custody of the department.

(1) The department has exercised a seventy-two-hour hold on the child; or

(2) The court has placed the child in the custody of the department.

(c) By the next business day after a foster child transfers to a new placement, the department shall notify the child's current school that the foster child has transferred to a new placement.

(d) By the next business day after the department reasonably believes that a foster child has experienced a traumatic event, the department may notify the school counselor of the child that the department reasonably believes that the foster child has experienced a traumatic event.

(e) By the next business day after the department knows that a foster child has experienced a traumatic event through an investigation or an ongoing protective services case, the department may notify the school counselor of the child of the traumatic event that the department has knowledge of through an investigation or an ongoing protective services case.

(f) The school counselor of the child may share information reported to the counselor under subsections (d) and (e) of this section with the school principal and the teachers of the child, if appropriate.

(g) (1) The department or its designee, who may be a foster parent, shall make educational decisions for a child in the custody of the department related to general educational matters, subject to limitation only by the court having jurisdiction of the custody matter. (2) For educational matters under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., a foster parent may make decisions for a child in the custody of the department.

(1) The department or its designee, who may be a foster parent, shall make educational decisions for a child in the custody of the department related to general educational matters, subject to limitation only by the court having jurisdiction of the custody matter.

(2) For educational matters under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., a foster parent may make decisions for a child in the custody of the department.

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-9-215 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-215
Effect of decree of adoption
Status: in_force

(a) A final decree of adoption and an interlocutory decree of adoption which has become final, whether issued by a court of this state or of any other place, have the following effect as to matters within the jurisdiction or before a court of this state: (1) Except with respect to a spouse of the petitioner and relatives of the spouse, to relieve the biological parents of the adopted individual of all parental rights and responsibilities, and to terminate all legal relationships between the adopted individual and his or her biological relatives, including his or her biological parents, so that the adopted individual thereafter is a stranger to his or her former relatives for all purposes. This includes inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship. However, in cases where a biological or adoptive parent dies before a petition for adoption has been filed by a step-parent of the minor to be adopted the court may grant visitation rights to the parents of the deceased biological or adoptive parent of the child if such parents of the deceased biological or adoptive parent had a close relationship with the child prior to the filing of a petition for step-parent adoption, and if such visitation rights are in the best interests of the child. The foregoing provision shall not apply to the parents of a deceased putative father who has not legally established his paternity prior to the filing of a petition for adoption by a step-parent. For the purposes of this section, "step-parent" means an individual who is the spouse or surviving spouse of the biological or adoptive parent of a child but who is not a biological or adoptive parent of the child. (2) To create the relationship of parent and child between petitioner and the adopted individual, as if the adopted individual were a legitimate blood descendant of the petitioner, for all purposes including inheritance and applicability of statutes, documents, and instruments, whether executed before or after the adoption is decreed, which do not expressly exclude an adopted individual from their operation or effect. (b) An interlocutory decree of adoption, while it is in force, has the same legal effect as a final decree of adoption. If an interlocutory decree of adoption is vacated, it shall be as though void from its issuance, and the rights, liabilities, and status of all affected persons which have not become vested shall be governed accordingly. (c) Sibling visitation shall not terminate if the adopted child was in the custody of the Department of Human Services and had a sibling who was not adopted by the same family and before adoption the circuit court in the juvenile dependency-neglect or families-in-need-of-services case has determined that it is in the best interests of the siblings to visit and has ordered visitation between the siblings to occur after the adoption. Acts 1977, No. 735, § 15; 1983, No. 324, § 2; 1985, No. 403, § 2; A.S.A. 1947, § 56-215; Acts 1995, No. 889, § 1; 2005, No. 437, §§ 5, 6; 2011, No. 607, § 4

(a) A final decree of adoption and an interlocutory decree of adoption which has become final, whether issued by a court of this state or of any other place, have the following effect as to matters within the jurisdiction or before a court of this state: (1) Except with respect to a spouse of the petitioner and relatives of the spouse, to relieve the biological parents of the adopted individual of all parental rights and responsibilities, and to terminate all legal relationships between the adopted individual and his or her biological relatives, including his or her biological parents, so that the adopted individual thereafter is a stranger to his or her former relatives for all purposes. This includes inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship. However, in cases where a biological or adoptive parent dies before a petition for adoption has been filed by a step-parent of the minor to be adopted the court may grant visitation rights to the parents of the deceased biological or adoptive parent of the child if such parents of the deceased biological or adoptive parent had a close relationship with the child prior to the filing of a petition for step-parent adoption, and if such visitation rights are in the best interests of the child. The foregoing provision shall not apply to the parents of a deceased putative father who has not legally established his paternity prior to the filing of a petition for adoption by a step-parent. For the purposes of this section, "step-parent" means an individual who is the spouse or surviving spouse of the biological or adoptive parent of a child but who is not a biological or adoptive parent of the child. (2) To create the relationship of parent and child between petitioner and the adopted individual, as if the adopted individual were a legitimate blood descendant of the petitioner, for all purposes including inheritance and applicability of statutes, documents, and instruments, whether executed before or after the adoption is decreed, which do not expressly exclude an adopted individual from their operation or effect.

(1) Except with respect to a spouse of the petitioner and relatives of the spouse, to relieve the biological parents of the adopted individual of all parental rights and responsibilities, and to terminate all legal relationships between the adopted individual and his or her biological relatives, including his or her biological parents, so that the adopted individual thereafter is a stranger to his or her former relatives for all purposes. This includes inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship. However, in cases where a biological or adoptive parent dies before a petition for adoption has been filed by a step-parent of the minor to be adopted the court may grant visitation rights to the parents of the deceased biological or adoptive parent of the child if such parents of the deceased biological or adoptive parent had a close relationship with the child prior to the filing of a petition for step-parent adoption, and if such visitation rights are in the best interests of the child. The foregoing provision shall not apply to the parents of a deceased putative father who has not legally established his paternity prior to the filing of a petition for adoption by a step-parent. For the purposes of this section, "step-parent" means an individual who is the spouse or surviving spouse of the biological or adoptive parent of a child but who is not a biological or adoptive parent of the child.

(2) To create the relationship of parent and child between petitioner and the adopted individual, as if the adopted individual were a legitimate blood descendant of the petitioner, for all purposes including inheritance and applicability of statutes, documents, and instruments, whether executed before or after the adoption is decreed, which do not expressly exclude an adopted individual from their operation or effect.

(b) An interlocutory decree of adoption, while it is in force, has the same legal effect as a final decree of adoption. If an interlocutory decree of adoption is vacated, it shall be as though void from its issuance, and the rights, liabilities, and status of all affected persons which have not become vested shall be governed accordingly.

(c) Sibling visitation shall not terminate if the adopted child was in the custody of the Department of Human Services and had a sibling who was not adopted by the same family and before adoption the circuit court in the juvenile dependency-neglect or families-in-need-of-services case has determined that it is in the best interests of the siblings to visit and has ordered visitation between the siblings to occur after the adoption.

Acts 1977, No. 735, § 15; 1983, No. 324, § 2; 1985, No. 403, § 2; A.S.A. 1947, § 56-215; Acts 1995, No. 889, § 1; 2005, No. 437, §§ 5, 6; 2011, No. 607, § 4
Ark. Code Ann. § 9-15-206 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-206
Temporary order
Status: in_force

(a) When a petition for an order of protection under this chapter alleges an immediate and present danger of domestic abuse or that the respondent is scheduled to be released from incarceration within thirty (30) days and upon the respondent's release there will be an immediate and present danger of domestic abuse, the court shall grant a temporary order of protection pending a full hearing if the court finds sufficient evidence to support the petition. (b) An ex parte temporary order of protection may: (1) Include any of the orders provided in §§ 9-15-203 and 9-15-205 ; and (2) Provide the following relief: (A) Exclude the abusing party from the dwelling that the parties share or from the residence of the petitioner or victim; (B) Exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim; (C) Award temporary custody or establish temporary visitation rights with regard to minor children of the parties; (D) Order temporary support for minor children or a spouse, with such support to be enforced in the manner prescribed by law for other child support and alimony awards; (E) Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order; and (F) (i) Order such other relief as the court considers necessary or appropriate for the protection of a family or household member. (ii) The relief may include without limitation enjoining and restraining the abusing party from doing, attempting to do, or threatening to do an act injuring, mistreating, molesting, or harassing the petitioner. (c) An ex parte temporary order of protection is effective until the date of the hearing described in § 9-15-204 . (d) Incarceration or imprisonment of the abusing party shall not bar the court from issuing an ex parte temporary order of protection. Amended by Act 2023, No. 111,§ 2, eff. 8/1/2023. Acts 1991, No. 266, § 6; 1997, No. 895, § 2; 1999, No. 662, § 3; 1999, No. 1551, § 3; 2009, No. 698, § 7

(a) When a petition for an order of protection under this chapter alleges an immediate and present danger of domestic abuse or that the respondent is scheduled to be released from incarceration within thirty (30) days and upon the respondent's release there will be an immediate and present danger of domestic abuse, the court shall grant a temporary order of protection pending a full hearing if the court finds sufficient evidence to support the petition.

(b) An ex parte temporary order of protection may: (1) Include any of the orders provided in §§ 9-15-203 and 9-15-205 ; and (2) Provide the following relief: (A) Exclude the abusing party from the dwelling that the parties share or from the residence of the petitioner or victim; (B) Exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim; (C) Award temporary custody or establish temporary visitation rights with regard to minor children of the parties; (D) Order temporary support for minor children or a spouse, with such support to be enforced in the manner prescribed by law for other child support and alimony awards; (E) Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order; and (F) (i) Order such other relief as the court considers necessary or appropriate for the protection of a family or household member. (ii) The relief may include without limitation enjoining and restraining the abusing party from doing, attempting to do, or threatening to do an act injuring, mistreating, molesting, or harassing the petitioner.

(1) Include any of the orders provided in §§ 9-15-203 and 9-15-205 ; and

(2) Provide the following relief: (A) Exclude the abusing party from the dwelling that the parties share or from the residence of the petitioner or victim; (B) Exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim; (C) Award temporary custody or establish temporary visitation rights with regard to minor children of the parties; (D) Order temporary support for minor children or a spouse, with such support to be enforced in the manner prescribed by law for other child support and alimony awards; (E) Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order; and (F) (i) Order such other relief as the court considers necessary or appropriate for the protection of a family or household member. (ii) The relief may include without limitation enjoining and restraining the abusing party from doing, attempting to do, or threatening to do an act injuring, mistreating, molesting, or harassing the petitioner.

(A) Exclude the abusing party from the dwelling that the parties share or from the residence of the petitioner or victim;

(B) Exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim;

(C) Award temporary custody or establish temporary visitation rights with regard to minor children of the parties;

(D) Order temporary support for minor children or a spouse, with such support to be enforced in the manner prescribed by law for other child support and alimony awards;

(E) Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order; and

(F) (i) Order such other relief as the court considers necessary or appropriate for the protection of a family or household member. (ii) The relief may include without limitation enjoining and restraining the abusing party from doing, attempting to do, or threatening to do an act injuring, mistreating, molesting, or harassing the petitioner.

(i) Order such other relief as the court considers necessary or appropriate for the protection of a family or household member.

(ii) The relief may include without limitation enjoining and restraining the abusing party from doing, attempting to do, or threatening to do an act injuring, mistreating, molesting, or harassing the petitioner.

(c) An ex parte temporary order of protection is effective until the date of the hearing described in § 9-15-204 .

(d) Incarceration or imprisonment of the abusing party shall not bar the court from issuing an ex parte temporary order of protection.

Amended by Act 2023, No. 111,§ 2, eff. 8/1/2023.

Acts 1991, No. 266, § 6; 1997, No. 895, § 2; 1999, No. 662, § 3; 1999, No. 1551, § 3; 2009, No. 698, § 7
Ark. Code Ann. § 9-27-314 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-314
Emergency orders
Status: in_force

(a) (1) In a case in which there is probable cause to believe that immediate emergency custody is necessary to protect the health or physical well-being of the juvenile from immediate danger or to prevent the juvenile's removal from the state, the circuit court shall issue an ex parte order for emergency custody to remove the juvenile from the custody of the parent, guardian, or custodian and shall determine the appropriate plan for placement of the juvenile. (2) (A) In a case in which there is probable cause to believe that an emergency order is necessary to protect the health or physical well-being of the juvenile from immediate danger, the court shall issue an ex parte order to provide specific appropriate safeguards for the protection of the juvenile. (B) Specific appropriate safeguards shall include without limitation the authority of the circuit court to restrict a legal custodian from: (i) Having any contact with the juvenile; or (ii) Removing a juvenile from a placement if the: (a) Legal custodian placed or allowed the juvenile to remain in that home for more than six (6) months; and (b) Department of Human Services has no immediate health or physical well-being concerns with the placement. (3) In a case in which there is probable cause to believe that a juvenile is a dependent juvenile as defined in this subchapter, the court shall issue an ex parte order for emergency custody placing custody of the dependent juvenile with the department. (b) The emergency order shall include: (1) Notice to all defendants and respondents named in the petition of the right to a hearing and that a hearing will be held within five (5) business days of the issuance of the ex parte order; (2) Notice of a defendant's or respondent's right to be represented by counsel; (3) (A) Notice of a defendant's or respondent's right to obtain appointed counsel, if eligible, and the procedure for obtaining appointed counsel. (B) A court shall: (i) Appoint counsel for the parent or custodian from whom legal custody was removed in the ex parte emergency order; and (ii) Determine eligibility at the probable cause hearing; and (4) The address and telephone number of the circuit court and the date and time of the probable cause hearing, if known. (c) (1) Immediate notice of the emergency order shall be given by the petitioner or by the circuit court to the: (A) Custodial parent, noncustodial parent, guardian, or custodian of the juvenile; and (B) Attorney ad litem who represents the juvenile respondent. (2) The petitioner shall provide copies of any petition, affidavit, or other pleading filed with or provided to the court in conjunction with the emergency order to the provisionally appointed parent counsel under § 9-27-316(h)(6)(B) before the probable cause hearing. (3) All defendants shall be served with the emergency order according to Rule 4 or Rule 5 of the Arkansas Rules of Civil Procedure or as otherwise provided by the court. Amended by Act 2017, No. 861,§ 1, eff. 8/1/2017 Amended by Act 2015, No. 1024,§ 3, eff. 7/22/2015 Acts 1989, No. 273, § 13; 1995, No. 533, § 4; 1999, No. 1340, § 32; 2005, No. 1990, § 6; 2007, No. 587, § 11; 2009, No. 758, § 13; 2011, No. 792, § 8; 2011, No. 1175, § 3

(a) (1) In a case in which there is probable cause to believe that immediate emergency custody is necessary to protect the health or physical well-being of the juvenile from immediate danger or to prevent the juvenile's removal from the state, the circuit court shall issue an ex parte order for emergency custody to remove the juvenile from the custody of the parent, guardian, or custodian and shall determine the appropriate plan for placement of the juvenile. (2) (A) In a case in which there is probable cause to believe that an emergency order is necessary to protect the health or physical well-being of the juvenile from immediate danger, the court shall issue an ex parte order to provide specific appropriate safeguards for the protection of the juvenile. (B) Specific appropriate safeguards shall include without limitation the authority of the circuit court to restrict a legal custodian from: (i) Having any contact with the juvenile; or (ii) Removing a juvenile from a placement if the: (a) Legal custodian placed or allowed the juvenile to remain in that home for more than six (6) months; and (b) Department of Human Services has no immediate health or physical well-being concerns with the placement. (3) In a case in which there is probable cause to believe that a juvenile is a dependent juvenile as defined in this subchapter, the court shall issue an ex parte order for emergency custody placing custody of the dependent juvenile with the department.

(1) In a case in which there is probable cause to believe that immediate emergency custody is necessary to protect the health or physical well-being of the juvenile from immediate danger or to prevent the juvenile's removal from the state, the circuit court shall issue an ex parte order for emergency custody to remove the juvenile from the custody of the parent, guardian, or custodian and shall determine the appropriate plan for placement of the juvenile.

(2) (A) In a case in which there is probable cause to believe that an emergency order is necessary to protect the health or physical well-being of the juvenile from immediate danger, the court shall issue an ex parte order to provide specific appropriate safeguards for the protection of the juvenile. (B) Specific appropriate safeguards shall include without limitation the authority of the circuit court to restrict a legal custodian from: (i) Having any contact with the juvenile; or (ii) Removing a juvenile from a placement if the: (a) Legal custodian placed or allowed the juvenile to remain in that home for more than six (6) months; and (b) Department of Human Services has no immediate health or physical well-being concerns with the placement.

(A) In a case in which there is probable cause to believe that an emergency order is necessary to protect the health or physical well-being of the juvenile from immediate danger, the court shall issue an ex parte order to provide specific appropriate safeguards for the protection of the juvenile.

(B) Specific appropriate safeguards shall include without limitation the authority of the circuit court to restrict a legal custodian from: (i) Having any contact with the juvenile; or (ii) Removing a juvenile from a placement if the: (a) Legal custodian placed or allowed the juvenile to remain in that home for more than six (6) months; and (b) Department of Human Services has no immediate health or physical well-being concerns with the placement.

(i) Having any contact with the juvenile; or

(ii) Removing a juvenile from a placement if the: (a) Legal custodian placed or allowed the juvenile to remain in that home for more than six (6) months; and (b) Department of Human Services has no immediate health or physical well-being concerns with the placement.

(a) Legal custodian placed or allowed the juvenile to remain in that home for more than six (6) months; and

(b) Department of Human Services has no immediate health or physical well-being concerns with the placement.

(3) In a case in which there is probable cause to believe that a juvenile is a dependent juvenile as defined in this subchapter, the court shall issue an ex parte order for emergency custody placing custody of the dependent juvenile with the department.

(b) The emergency order shall include: (1) Notice to all defendants and respondents named in the petition of the right to a hearing and that a hearing will be held within five (5) business days of the issuance of the ex parte order; (2) Notice of a defendant's or respondent's right to be represented by counsel; (3) (A) Notice of a defendant's or respondent's right to obtain appointed counsel, if eligible, and the procedure for obtaining appointed counsel. (B) A court shall: (i) Appoint counsel for the parent or custodian from whom legal custody was removed in the ex parte emergency order; and (ii) Determine eligibility at the probable cause hearing; and (4) The address and telephone number of the circuit court and the date and time of the probable cause hearing, if known.

(1) Notice to all defendants and respondents named in the petition of the right to a hearing and that a hearing will be held within five (5) business days of the issuance of the ex parte order;

(2) Notice of a defendant's or respondent's right to be represented by counsel;

(3) (A) Notice of a defendant's or respondent's right to obtain appointed counsel, if eligible, and the procedure for obtaining appointed counsel. (B) A court shall: (i) Appoint counsel for the parent or custodian from whom legal custody was removed in the ex parte emergency order; and (ii) Determine eligibility at the probable cause hearing; and

(A) Notice of a defendant's or respondent's right to obtain appointed counsel, if eligible, and the procedure for obtaining appointed counsel.

(B) A court shall: (i) Appoint counsel for the parent or custodian from whom legal custody was removed in the ex parte emergency order; and (ii) Determine eligibility at the probable cause hearing; and

(i) Appoint counsel for the parent or custodian from whom legal custody was removed in the ex parte emergency order; and

(ii) Determine eligibility at the probable cause hearing; and

(4) The address and telephone number of the circuit court and the date and time of the probable cause hearing, if known.

(c) (1) Immediate notice of the emergency order shall be given by the petitioner or by the circuit court to the: (A) Custodial parent, noncustodial parent, guardian, or custodian of the juvenile; and (B) Attorney ad litem who represents the juvenile respondent. (2) The petitioner shall provide copies of any petition, affidavit, or other pleading filed with or provided to the court in conjunction with the emergency order to the provisionally appointed parent counsel under § 9-27-316(h)(6)(B) before the probable cause hearing. (3) All defendants shall be served with the emergency order according to Rule 4 or Rule 5 of the Arkansas Rules of Civil Procedure or as otherwise provided by the court.

(1) Immediate notice of the emergency order shall be given by the petitioner or by the circuit court to the: (A) Custodial parent, noncustodial parent, guardian, or custodian of the juvenile; and (B) Attorney ad litem who represents the juvenile respondent.

(A) Custodial parent, noncustodial parent, guardian, or custodian of the juvenile; and

(B) Attorney ad litem who represents the juvenile respondent.

(2) The petitioner shall provide copies of any petition, affidavit, or other pleading filed with or provided to the court in conjunction with the emergency order to the provisionally appointed parent counsel under § 9-27-316(h)(6)(B) before the probable cause hearing.

(3) All defendants shall be served with the emergency order according to Rule 4 or Rule 5 of the Arkansas Rules of Civil Procedure or as otherwise provided by the court.

Amended by Act 2017, No. 861,§ 1, eff. 8/1/2017

Amended by Act 2015, No. 1024,§ 3, eff. 7/22/2015

Acts 1989, No. 273, § 13; 1995, No. 533, § 4; 1999, No. 1340, § 32; 2005, No. 1990, § 6; 2007, No. 587, § 11; 2009, No. 758, § 13; 2011, No. 792, § 8; 2011, No. 1175, § 3
Ark. Code Ann. § 9-28-204 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-204
Observation and assessment center
Status: in_force

(a) The Division of Youth Services shall establish and maintain an observation and assessment center for the reception, orientation, classification, and adjustment evaluation of all youths committed to the division. (b) (1) The staff of the center shall be provided by the division or its designee. (2) The staff shall consist of the professional and clerical personnel as are necessary to perform the functions of the center as provided in this section. (c) The center shall be a secure facility and shall be equipped to hold committed youths for such period of time as necessary to provide for orientation, diagnosis, evaluation, and classification of a youth. Acts 1995, No. 1261, § 4; 1995, No. 1335, § 4

(a) The Division of Youth Services shall establish and maintain an observation and assessment center for the reception, orientation, classification, and adjustment evaluation of all youths committed to the division.

(b) (1) The staff of the center shall be provided by the division or its designee. (2) The staff shall consist of the professional and clerical personnel as are necessary to perform the functions of the center as provided in this section.

(1) The staff of the center shall be provided by the division or its designee.

(2) The staff shall consist of the professional and clerical personnel as are necessary to perform the functions of the center as provided in this section.

(c) The center shall be a secure facility and shall be equipped to hold committed youths for such period of time as necessary to provide for orientation, diagnosis, evaluation, and classification of a youth.

Acts 1995, No. 1261, § 4; 1995, No. 1335, § 4
Ark. Code Ann. § 9-11-504 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-504
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 6, eff. 8/16/2013 Acts 1895, No. 47, § 1, p. 58; Pope's Dig., § 7226; A.S.A. 1947, § 55-405

Repealed by Act 2013, No. 1152,§ 6, eff. 8/16/2013

Acts 1895, No. 47, § 1, p. 58; Pope's Dig., § 7226; A.S.A. 1947, § 55-405
Ark. Code Ann. § 9-9-217 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-217
Confidentiality of hearings and records
Status: in_force

(a) Notwithstanding any other law concerning public hearings and records: (1) (A) All hearings held in proceedings under this subchapter shall be held in closed court without admittance of any person other than essential officers of the court, the parties, their witnesses, counsel, persons who have not previously consented to the adoption but are required to consent, and representatives of the agencies present to perform their official duties. (B) (i) A member of the General Assembly may attend an adoption hearing related to a juvenile case that is held under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., unless the court excludes the member of the General Assembly based on the: (a) Best interest of the child; or (b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Except as otherwise provided by law, a member of the General Assembly who attends a hearing in accordance with subdivision (a)(1)(B)(i) of this section shall not disclose information obtained during his or her attendance at the hearing. (C) (i) (a) A Child Welfare Ombudsman may attend an adoption hearing related to a juvenile case under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. (b) However, a court may exclude the Child Welfare Ombudsman from an adoption hearing if: (1) It is in the best interest of the child; or (2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Unless otherwise allowed by law, the Child Welfare Ombudsman shall not disclose information that he or she obtains through his or her attendance at an adoption hearing held under this subchapter; and (2) (A) Adoption records shall be closed, confidential, and sealed unless authority to open them is provided by law or by order of the court for good cause shown. (B) (i) When an adoption is filed or heard pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., any portion of the court file relating to the adoption shall be maintained separately from the file of other pending juvenile matters concerning the juvenile who is the subject of the adoption or the family of the juvenile. (ii) Once final disposition is made in the adoption proceedings, the adoption file shall be transferred from the clerk who is the custodian of juvenile records to the clerk who is the custodian of records. (iii) The entry of the adoption decree will be entered by the clerk in the book containing adoption records. (iv) The clerk shall assign the file a docket number, shall prepare an application for a new birth record as provided in this section, and shall maintain the file as if the case had originated as an adoption case. (v) No filing fee shall be assessed by the clerk upon the transfer and creation of the new adoption file. (vi) Any adoption record shall be handled as provided in this section. (C) (i) In the event an adoption record is randomly selected to be audited for determination of compliance with requirements found in federal laws pertaining to periodic and dispositional review of foster care cases, the Administrator of Adoptions of the Department of Human Services is authorized to open the file notwithstanding any section in this subchapter prohibiting disclosure of adoption records. (ii) It shall be the responsibility of the administrator to procure and provide from this file all records pertinent to the federal requirements under review. (iii) The remainder of the record shall remain sealed. Such portions of the record that may be removed shall be returned to the sealed file upon completion of the federal audit. (iv) No one shall be permitted to review the removed portion of the record except in an official capacity, and, except for uses required by the federal audit in compliance with state laws and rules and federal statutes and regulations, such a person shall be bound to keep the contents of such records confidential. (D) (i) In the event the department has the opportunity to enhance its federal funding by a review of its adoptions records, then the administrator is authorized to open such files notwithstanding any section in this subchapter. (ii) It shall be the responsibility of the administrator to procure and provide from this file all records pertinent to the review. (iii) The remainder of the record shall remain sealed. (iv) The portion of the record that may be removed shall be returned to the sealed file upon completion of the review. (v) No one shall be permitted to review the removed portion of the record except in an official capacity, and, except for uses required to provide for the enhancement of possible federal funding in compliance with state laws and rules and federal statutes and regulations, such a person shall be bound to keep the contents of such records confidential. (E) (i) In the event that an adoptive family contacts the department and indicates a desire for the placement of a subsequent child and no more than five (5) years have lapsed since the adoption file has been sealed, the department is authorized to unseal the adoption file notwithstanding any section in this subchapter. (ii) It shall be the responsibility of the administrator to remove the home study from the file and make a copy of the home study. (iii) The remainder of the file shall remain sealed. (iv) The administrator shall return the home study to the file, which shall then be resealed. (v) The department shall be permitted to use a copy of the original home study. (vi) The adoptive family shall be permitted to use a copy of the original home study with a petition to adopt a subsequent child from the department if the original home study is accompanied by an update. (b) The provisions of this section shall not prohibit the disclosure of information pursuant to § 9-9-501 et seq. (c) All papers and records pertaining to adoptions prior to May 19, 1986, are declared to be confidential and shall be subject to disclosure only pursuant to this section. (d) (1) All records of any adoption finalized in this state shall be maintained for ninety-nine (99) years by the agency, person, entity, or organization that handled the adoption. (2) If the agency, person, entity, or organization that handled the adoption ceases to function, all adoption records shall be transferred to the department or another licensed agency within this state with notice to the department. Amended by Act 2021, No. 470,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 709, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 708, eff. 7/24/2019. Amended by Act 2019, No. 329,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 945,§ 2, eff. 7/1/2019. Acts 1986 (2nd Ex. Sess.), No. 23, §§ 2, 3; A.S.A. 1947, §§ 56-223, 56-224; Acts 1993, No. 758, § 3; 1999, No. 945, §§ 1, 2; 2003, No. 650, § 4; 2003, No. 1166, § 1; 2005, No. 1685, § 2

(a) Notwithstanding any other law concerning public hearings and records: (1) (A) All hearings held in proceedings under this subchapter shall be held in closed court without admittance of any person other than essential officers of the court, the parties, their witnesses, counsel, persons who have not previously consented to the adoption but are required to consent, and representatives of the agencies present to perform their official duties. (B) (i) A member of the General Assembly may attend an adoption hearing related to a juvenile case that is held under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., unless the court excludes the member of the General Assembly based on the: (a) Best interest of the child; or (b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Except as otherwise provided by law, a member of the General Assembly who attends a hearing in accordance with subdivision (a)(1)(B)(i) of this section shall not disclose information obtained during his or her attendance at the hearing. (C) (i) (a) A Child Welfare Ombudsman may attend an adoption hearing related to a juvenile case under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. (b) However, a court may exclude the Child Welfare Ombudsman from an adoption hearing if: (1) It is in the best interest of the child; or (2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Unless otherwise allowed by law, the Child Welfare Ombudsman shall not disclose information that he or she obtains through his or her attendance at an adoption hearing held under this subchapter; and (2) (A) Adoption records shall be closed, confidential, and sealed unless authority to open them is provided by law or by order of the court for good cause shown. (B) (i) When an adoption is filed or heard pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., any portion of the court file relating to the adoption shall be maintained separately from the file of other pending juvenile matters concerning the juvenile who is the subject of the adoption or the family of the juvenile. (ii) Once final disposition is made in the adoption proceedings, the adoption file shall be transferred from the clerk who is the custodian of juvenile records to the clerk who is the custodian of records. (iii) The entry of the adoption decree will be entered by the clerk in the book containing adoption records. (iv) The clerk shall assign the file a docket number, shall prepare an application for a new birth record as provided in this section, and shall maintain the file as if the case had originated as an adoption case. (v) No filing fee shall be assessed by the clerk upon the transfer and creation of the new adoption file. (vi) Any adoption record shall be handled as provided in this section. (C) (i) In the event an adoption record is randomly selected to be audited for determination of compliance with requirements found in federal laws pertaining to periodic and dispositional review of foster care cases, the Administrator of Adoptions of the Department of Human Services is authorized to open the file notwithstanding any section in this subchapter prohibiting disclosure of adoption records. (ii) It shall be the responsibility of the administrator to procure and provide from this file all records pertinent to the federal requirements under review. (iii) The remainder of the record shall remain sealed. Such portions of the record that may be removed shall be returned to the sealed file upon completion of the federal audit. (iv) No one shall be permitted to review the removed portion of the record except in an official capacity, and, except for uses required by the federal audit in compliance with state laws and rules and federal statutes and regulations, such a person shall be bound to keep the contents of such records confidential. (D) (i) In the event the department has the opportunity to enhance its federal funding by a review of its adoptions records, then the administrator is authorized to open such files notwithstanding any section in this subchapter. (ii) It shall be the responsibility of the administrator to procure and provide from this file all records pertinent to the review. (iii) The remainder of the record shall remain sealed. (iv) The portion of the record that may be removed shall be returned to the sealed file upon completion of the review. (v) No one shall be permitted to review the removed portion of the record except in an official capacity, and, except for uses required to provide for the enhancement of possible federal funding in compliance with state laws and rules and federal statutes and regulations, such a person shall be bound to keep the contents of such records confidential. (E) (i) In the event that an adoptive family contacts the department and indicates a desire for the placement of a subsequent child and no more than five (5) years have lapsed since the adoption file has been sealed, the department is authorized to unseal the adoption file notwithstanding any section in this subchapter. (ii) It shall be the responsibility of the administrator to remove the home study from the file and make a copy of the home study. (iii) The remainder of the file shall remain sealed. (iv) The administrator shall return the home study to the file, which shall then be resealed. (v) The department shall be permitted to use a copy of the original home study. (vi) The adoptive family shall be permitted to use a copy of the original home study with a petition to adopt a subsequent child from the department if the original home study is accompanied by an update.

(1) (A) All hearings held in proceedings under this subchapter shall be held in closed court without admittance of any person other than essential officers of the court, the parties, their witnesses, counsel, persons who have not previously consented to the adoption but are required to consent, and representatives of the agencies present to perform their official duties. (B) (i) A member of the General Assembly may attend an adoption hearing related to a juvenile case that is held under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., unless the court excludes the member of the General Assembly based on the: (a) Best interest of the child; or (b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Except as otherwise provided by law, a member of the General Assembly who attends a hearing in accordance with subdivision (a)(1)(B)(i) of this section shall not disclose information obtained during his or her attendance at the hearing. (C) (i) (a) A Child Welfare Ombudsman may attend an adoption hearing related to a juvenile case under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. (b) However, a court may exclude the Child Welfare Ombudsman from an adoption hearing if: (1) It is in the best interest of the child; or (2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Unless otherwise allowed by law, the Child Welfare Ombudsman shall not disclose information that he or she obtains through his or her attendance at an adoption hearing held under this subchapter; and

(A) All hearings held in proceedings under this subchapter shall be held in closed court without admittance of any person other than essential officers of the court, the parties, their witnesses, counsel, persons who have not previously consented to the adoption but are required to consent, and representatives of the agencies present to perform their official duties.

(B) (i) A member of the General Assembly may attend an adoption hearing related to a juvenile case that is held under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., unless the court excludes the member of the General Assembly based on the: (a) Best interest of the child; or (b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Except as otherwise provided by law, a member of the General Assembly who attends a hearing in accordance with subdivision (a)(1)(B)(i) of this section shall not disclose information obtained during his or her attendance at the hearing.

(i) A member of the General Assembly may attend an adoption hearing related to a juvenile case that is held under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., unless the court excludes the member of the General Assembly based on the: (a) Best interest of the child; or (b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.

(a) Best interest of the child; or

(b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.

(ii) Except as otherwise provided by law, a member of the General Assembly who attends a hearing in accordance with subdivision (a)(1)(B)(i) of this section shall not disclose information obtained during his or her attendance at the hearing.

(C) (i) (a) A Child Welfare Ombudsman may attend an adoption hearing related to a juvenile case under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. (b) However, a court may exclude the Child Welfare Ombudsman from an adoption hearing if: (1) It is in the best interest of the child; or (2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Unless otherwise allowed by law, the Child Welfare Ombudsman shall not disclose information that he or she obtains through his or her attendance at an adoption hearing held under this subchapter; and

(i) (a) A Child Welfare Ombudsman may attend an adoption hearing related to a juvenile case under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. (b) However, a court may exclude the Child Welfare Ombudsman from an adoption hearing if: (1) It is in the best interest of the child; or (2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.

(a) A Child Welfare Ombudsman may attend an adoption hearing related to a juvenile case under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

(b) However, a court may exclude the Child Welfare Ombudsman from an adoption hearing if: (1) It is in the best interest of the child; or (2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.

(1) It is in the best interest of the child; or

(2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.

(ii) Unless otherwise allowed by law, the Child Welfare Ombudsman shall not disclose information that he or she obtains through his or her attendance at an adoption hearing held under this subchapter; and

(2) (A) Adoption records shall be closed, confidential, and sealed unless authority to open them is provided by law or by order of the court for good cause shown. (B) (i) When an adoption is filed or heard pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., any portion of the court file relating to the adoption shall be maintained separately from the file of other pending juvenile matters concerning the juvenile who is the subject of the adoption or the family of the juvenile. (ii) Once final disposition is made in the adoption proceedings, the adoption file shall be transferred from the clerk who is the custodian of juvenile records to the clerk who is the custodian of records. (iii) The entry of the adoption decree will be entered by the clerk in the book containing adoption records. (iv) The clerk shall assign the file a docket number, shall prepare an application for a new birth record as provided in this section, and shall maintain the file as if the case had originated as an adoption case. (v) No filing fee shall be assessed by the clerk upon the transfer and creation of the new adoption file. (vi) Any adoption record shall be handled as provided in this section. (C) (i) In the event an adoption record is randomly selected to be audited for determination of compliance with requirements found in federal laws pertaining to periodic and dispositional review of foster care cases, the Administrator of Adoptions of the Department of Human Services is authorized to open the file notwithstanding any section in this subchapter prohibiting disclosure of adoption records. (ii) It shall be the responsibility of the administrator to procure and provide from this file all records pertinent to the federal requirements under review. (iii) The remainder of the record shall remain sealed. Such portions of the record that may be removed shall be returned to the sealed file upon completion of the federal audit. (iv) No one shall be permitted to review the removed portion of the record except in an official capacity, and, except for uses required by the federal audit in compliance with state laws and rules and federal statutes and regulations, such a person shall be bound to keep the contents of such records confidential. (D) (i) In the event the department has the opportunity to enhance its federal funding by a review of its adoptions records, then the administrator is authorized to open such files notwithstanding any section in this subchapter. (ii) It shall be the responsibility of the administrator to procure and provide from this file all records pertinent to the review. (iii) The remainder of the record shall remain sealed. (iv) The portion of the record that may be removed shall be returned to the sealed file upon completion of the review. (v) No one shall be permitted to review the removed portion of the record except in an official capacity, and, except for uses required to provide for the enhancement of possible federal funding in compliance with state laws and rules and federal statutes and regulations, such a person shall be bound to keep the contents of such records confidential. (E) (i) In the event that an adoptive family contacts the department and indicates a desire for the placement of a subsequent child and no more than five (5) years have lapsed since the adoption file has been sealed, the department is authorized to unseal the adoption file notwithstanding any section in this subchapter. (ii) It shall be the responsibility of the administrator to remove the home study from the file and make a copy of the home study. (iii) The remainder of the file shall remain sealed. (iv) The administrator shall return the home study to the file, which shall then be resealed. (v) The department shall be permitted to use a copy of the original home study. (vi) The adoptive family shall be permitted to use a copy of the original home study with a petition to adopt a subsequent child from the department if the original home study is accompanied by an update.

(A) Adoption records shall be closed, confidential, and sealed unless authority to open them is provided by law or by order of the court for good cause shown.

(B) (i) When an adoption is filed or heard pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., any portion of the court file relating to the adoption shall be maintained separately from the file of other pending juvenile matters concerning the juvenile who is the subject of the adoption or the family of the juvenile. (ii) Once final disposition is made in the adoption proceedings, the adoption file shall be transferred from the clerk who is the custodian of juvenile records to the clerk who is the custodian of records. (iii) The entry of the adoption decree will be entered by the clerk in the book containing adoption records. (iv) The clerk shall assign the file a docket number, shall prepare an application for a new birth record as provided in this section, and shall maintain the file as if the case had originated as an adoption case. (v) No filing fee shall be assessed by the clerk upon the transfer and creation of the new adoption file. (vi) Any adoption record shall be handled as provided in this section.

(i) When an adoption is filed or heard pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., any portion of the court file relating to the adoption shall be maintained separately from the file of other pending juvenile matters concerning the juvenile who is the subject of the adoption or the family of the juvenile.

(ii) Once final disposition is made in the adoption proceedings, the adoption file shall be transferred from the clerk who is the custodian of juvenile records to the clerk who is the custodian of records.

(iii) The entry of the adoption decree will be entered by the clerk in the book containing adoption records.

(iv) The clerk shall assign the file a docket number, shall prepare an application for a new birth record as provided in this section, and shall maintain the file as if the case had originated as an adoption case.

(v) No filing fee shall be assessed by the clerk upon the transfer and creation of the new adoption file.

(vi) Any adoption record shall be handled as provided in this section.

(C) (i) In the event an adoption record is randomly selected to be audited for determination of compliance with requirements found in federal laws pertaining to periodic and dispositional review of foster care cases, the Administrator of Adoptions of the Department of Human Services is authorized to open the file notwithstanding any section in this subchapter prohibiting disclosure of adoption records. (ii) It shall be the responsibility of the administrator to procure and provide from this file all records pertinent to the federal requirements under review. (iii) The remainder of the record shall remain sealed. Such portions of the record that may be removed shall be returned to the sealed file upon completion of the federal audit. (iv) No one shall be permitted to review the removed portion of the record except in an official capacity, and, except for uses required by the federal audit in compliance with state laws and rules and federal statutes and regulations, such a person shall be bound to keep the contents of such records confidential.

(i) In the event an adoption record is randomly selected to be audited for determination of compliance with requirements found in federal laws pertaining to periodic and dispositional review of foster care cases, the Administrator of Adoptions of the Department of Human Services is authorized to open the file notwithstanding any section in this subchapter prohibiting disclosure of adoption records.

(ii) It shall be the responsibility of the administrator to procure and provide from this file all records pertinent to the federal requirements under review.

(iii) The remainder of the record shall remain sealed. Such portions of the record that may be removed shall be returned to the sealed file upon completion of the federal audit.

(iv) No one shall be permitted to review the removed portion of the record except in an official capacity, and, except for uses required by the federal audit in compliance with state laws and rules and federal statutes and regulations, such a person shall be bound to keep the contents of such records confidential.

(D) (i) In the event the department has the opportunity to enhance its federal funding by a review of its adoptions records, then the administrator is authorized to open such files notwithstanding any section in this subchapter. (ii) It shall be the responsibility of the administrator to procure and provide from this file all records pertinent to the review. (iii) The remainder of the record shall remain sealed. (iv) The portion of the record that may be removed shall be returned to the sealed file upon completion of the review. (v) No one shall be permitted to review the removed portion of the record except in an official capacity, and, except for uses required to provide for the enhancement of possible federal funding in compliance with state laws and rules and federal statutes and regulations, such a person shall be bound to keep the contents of such records confidential.

(i) In the event the department has the opportunity to enhance its federal funding by a review of its adoptions records, then the administrator is authorized to open such files notwithstanding any section in this subchapter.

(ii) It shall be the responsibility of the administrator to procure and provide from this file all records pertinent to the review.

(iii) The remainder of the record shall remain sealed.

(iv) The portion of the record that may be removed shall be returned to the sealed file upon completion of the review.

(v) No one shall be permitted to review the removed portion of the record except in an official capacity, and, except for uses required to provide for the enhancement of possible federal funding in compliance with state laws and rules and federal statutes and regulations, such a person shall be bound to keep the contents of such records confidential.

(E) (i) In the event that an adoptive family contacts the department and indicates a desire for the placement of a subsequent child and no more than five (5) years have lapsed since the adoption file has been sealed, the department is authorized to unseal the adoption file notwithstanding any section in this subchapter. (ii) It shall be the responsibility of the administrator to remove the home study from the file and make a copy of the home study. (iii) The remainder of the file shall remain sealed. (iv) The administrator shall return the home study to the file, which shall then be resealed. (v) The department shall be permitted to use a copy of the original home study. (vi) The adoptive family shall be permitted to use a copy of the original home study with a petition to adopt a subsequent child from the department if the original home study is accompanied by an update.

(i) In the event that an adoptive family contacts the department and indicates a desire for the placement of a subsequent child and no more than five (5) years have lapsed since the adoption file has been sealed, the department is authorized to unseal the adoption file notwithstanding any section in this subchapter.

(ii) It shall be the responsibility of the administrator to remove the home study from the file and make a copy of the home study.

(iii) The remainder of the file shall remain sealed.

(iv) The administrator shall return the home study to the file, which shall then be resealed.

(v) The department shall be permitted to use a copy of the original home study.

(vi) The adoptive family shall be permitted to use a copy of the original home study with a petition to adopt a subsequent child from the department if the original home study is accompanied by an update.

(b) The provisions of this section shall not prohibit the disclosure of information pursuant to § 9-9-501 et seq.

(c) All papers and records pertaining to adoptions prior to May 19, 1986, are declared to be confidential and shall be subject to disclosure only pursuant to this section.

(d) (1) All records of any adoption finalized in this state shall be maintained for ninety-nine (99) years by the agency, person, entity, or organization that handled the adoption. (2) If the agency, person, entity, or organization that handled the adoption ceases to function, all adoption records shall be transferred to the department or another licensed agency within this state with notice to the department.

(1) All records of any adoption finalized in this state shall be maintained for ninety-nine (99) years by the agency, person, entity, or organization that handled the adoption.

(2) If the agency, person, entity, or organization that handled the adoption ceases to function, all adoption records shall be transferred to the department or another licensed agency within this state with notice to the department.

Amended by Act 2021, No. 470,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 709, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 708, eff. 7/24/2019.

Amended by Act 2019, No. 329,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 945,§ 2, eff. 7/1/2019.

Acts 1986 (2nd Ex. Sess.), No. 23, §§ 2, 3; A.S.A. 1947, §§ 56-223, 56-224; Acts 1993, No. 758, § 3; 1999, No. 945, §§ 1, 2; 2003, No. 650, § 4; 2003, No. 1166, § 1; 2005, No. 1685, § 2
Ark. Code Ann. § 9-11-302 — AR Code / Title 9 / Chapter 11 / Subchapter 3 / Section 9-11-302
Acknowledgment or proof
Status: in_force

Marriage contracts shall be acknowledged or proven before a court of record, before some judge or clerk of a court of record, or before any former judge of a court of record who served at least four (4) years, of the state in which the contract is made and executed, which acknowledgment or proof shall be taken and certified in the same manner as deeds of conveyance for lands are or shall be required by law to be acknowledged or proven. Rev. Stat., ch. 95, § 2; C. & M. Dig., § 7029; Pope's Dig., § 9009; Acts 1983, No. 850, § 2; A.S.A. 1947, § 55-302

Marriage contracts shall be acknowledged or proven before a court of record, before some judge or clerk of a court of record, or before any former judge of a court of record who served at least four (4) years, of the state in which the contract is made and executed, which acknowledgment or proof shall be taken and certified in the same manner as deeds of conveyance for lands are or shall be required by law to be acknowledged or proven.

Rev. Stat., ch. 95, § 2; C. & M. Dig., § 7029; Pope's Dig., § 9009; Acts 1983, No. 850, § 2; A.S.A. 1947, § 55-302
Ark. Code Ann. § 9-27-338 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-338
Permanency planning hearing
Status: in_force

(a) (1) A permanency planning hearing shall be held to finalize a permanency plan for the juvenile: (A) No later than twelve (12) months after the date the juvenile enters an out-of-home placement; (B) After a juvenile has been in an out-of-home placement for fifteen (15) of the previous twenty-two (22) months, excluding trial placements and time on runaway status; or (C) No later than thirty (30) days after a hearing granting no reunification services. (2) If a juvenile remains in an out-of-home placement after the initial permanency planning hearing, a permanency planning hearing shall be held annually to reassess the permanency plan selected for the juvenile. (b) (1) This section does not prevent the Department of Human Services or the attorney ad litem from filing at any time prior to the permanency planning hearing a: (A) Petition to terminate parental rights; (B) Petition for guardianship; or (C) Petition for permanent custody. (2) A permanency planning hearing is not required prior to any of these actions. (c) At the permanency planning hearing, based upon the facts of the case, the circuit court shall enter one (1) of the following permanency goals, listed in order of preference, in accordance with the best interest, health, and safety of the juvenile: (1) Placing custody of the juvenile with a fit parent at the permanency planning hearing; (2) Returning the juvenile to the guardian or custodian from whom the juvenile was initially removed at the permanency planning hearing; (3) Authorizing a plan to place custody of the juvenile with a parent, guardian, or custodian only if the court finds that: (A) (i) The parent, guardian, or custodian is complying with the established case plan and orders of the court, making significant and measurable progress toward achieving the goals established in the case plan and diligently working toward reunification or placement in the home of the parent, guardian, or custodian. (ii) Regardless of when the effort was made, the court shall consider all evidence of an effort made by the parent, guardian, or custodian to remedy the conditions that led to the removal of the juvenile from the custody of the parent, guardian, or custodian and give the evidence the appropriate weight and consideration in relation to the safety, health, and well-being of the juvenile. (iii) The burden is on the parent, guardian, or custodian to demonstrate genuine, sustainable investment in completing the requirements of the case plan and following the orders of the court in order to authorize a plan to return or be placed in the home as the permanency goal; (B) The parent, guardian, or custodian is making significant and measurable progress toward remedying the conditions that: (i) Caused the juvenile's removal and the juvenile's continued removal from the home; or (ii) Prohibit placement of the juvenile in the home of a parent; and (C) (i) Placement of the juvenile in the home of the parent, guardian, or custodian shall occur within a time frame consistent with the juvenile's developmental needs but no later than three (3) months from the date of the permanency planning hearing. (ii) The court may authorize a plan to place custody of a juvenile with a parent, guardian, or custodian of the juvenile despite finding that placement of the juvenile in the home of the parent, guardian, or custodian of the juvenile may not occur within the three-month period required under subdivision (c)(3)(C)(i) of this section if the plan is in the best interest of the child during extraordinary circumstances. (iii) As used in this subdivision (c)(3)(C), "extraordinary circumstances" includes without limitation the following circumstances: (a) The Supreme Court orders the suspension of in-person court proceedings; and (b) One (1) of the following has occurred: (1) The President of the United States has declared a national emergency; or (2) The Governor has declared a state of emergency or a statewide public health emergency; (4) Authorizing a plan to obtain a guardianship or adoption with a fit and willing relative; (5) Authorizing a plan for adoption with the department's filing a petition for termination of parental rights unless: (A) The juvenile is being cared for by a relative and the court finds that: (i) Either: (a) The relative has made a long-term commitment to the child and the relative is willing to pursue guardianship or permanent custody; or (b) The juvenile is being cared for by his or her minor parent who is in foster care; and (ii) Termination of parental rights is not in the best interest of the juvenile; (B) The department has documented in the case plan a compelling reason why filing a petition for termination of parental rights is not in the best interest of the juvenile and the court approves the compelling reason as documented in the case plan; or (C) (i) The department has not provided to the family of the juvenile, consistent with the time period in the case plan, the services as the department deemed necessary for the safe return of the juvenile to the juvenile's home if reunification services were required to be made to the family. (ii) If the department has failed to provide services as outlined in the case plan, the court shall schedule another permanency planning hearing for no later than six (6) months; (6) Authorizing a plan to obtain a guardian for the juvenile; (7) Authorizing a plan to obtain a permanent custodian, including permanent custody with a fit and willing relative; or (8) (A) Authorizing a plan for another planned permanent living arrangement that includes a permanent planned living arrangement and addresses the quality of services, including, but not limited to, independent living services and a plan for the supervision and nurturing the juvenile will receive. (B) Another planned permanent living arrangement shall be selected only if: (i) The department has documented to the circuit court a compelling reason for determining that it would not be in the best interest of the child to follow one (1) of the permanency plans identified in subdivisions (c)(1)-(7) of this section and this subdivision (c)(8); (ii) The child is sixteen (16) years of age or older; and (iii) The court makes a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the juvenile and the court finds compelling reasons why it continues to not be in the best interest of the juvenile to: (a) Return home; (b) Be placed for adoption; (c) Be placed with a legal guardian; or (d) Be placed with a fit and willing relative. (d) At the permanency planning hearing on a juvenile sixteen (16) years of age or older, the court shall ask the juvenile his or her desired permanency outcome, or the attorney ad litem shall enter evidence concerning the child's wishes. (e) At every permanency planning hearing the court shall make a finding on whether the department has made reasonable efforts and shall describe the efforts to finalize a permanency plan for the juvenile. (f) A written order shall be filed by the court or by a party or party's attorney as designated by the court and distributed to the parties within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner. (g) If the court determines that the permanency goal is adoption, the department shall file the petition to terminate parental rights within thirty (30) days from the date of the permanency planning hearing that establishes adoption as the permanency goal. (h) (1) The court shall determine if establishing concurrent permanency planning goals is appropriate. (2) If the court determines that establishing concurrent permanency planning goals is appropriate, the court shall establish all appropriate permanency planning goals subject to the requirements of this section. (3) If the court sets a goal of adoption, reunification services shall continue to be provided unless the court: (A) Determines that the reunification services are no longer needed; (B) Terminates parental rights; or (C) Otherwise finalizes a permanency plan for the juvenile. Amended by Act 2020F, No. 144,§ 40, eff. 4/20/2020. Amended by Act 2019, No. 984,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 984,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 996,§ 2, eff. 8/1/2017 Amended by Act 2017, No. 996,§ 1, eff. 8/1/2017 Amended by Act 2015, No. 1038,§ 2, eff. 4/4/2015 Amended by Act 2013, No. 490,§ 2, eff. 8/16/2013 Acts 1989, No. 273, § 37; 1995, No. 1337, § 9; 1997, No. 1227, § 12; 1999, No. 401, § 13; 2001, No. 1503, § 12; 2003, No. 1319, § 22; 2005, No. 1191, § 4; 2009, No. 956, § 17; 2011, No. 1175, § 8 See Act 2020F, No. 144, § 42.

(a) (1) A permanency planning hearing shall be held to finalize a permanency plan for the juvenile: (A) No later than twelve (12) months after the date the juvenile enters an out-of-home placement; (B) After a juvenile has been in an out-of-home placement for fifteen (15) of the previous twenty-two (22) months, excluding trial placements and time on runaway status; or (C) No later than thirty (30) days after a hearing granting no reunification services. (2) If a juvenile remains in an out-of-home placement after the initial permanency planning hearing, a permanency planning hearing shall be held annually to reassess the permanency plan selected for the juvenile.

(1) A permanency planning hearing shall be held to finalize a permanency plan for the juvenile: (A) No later than twelve (12) months after the date the juvenile enters an out-of-home placement; (B) After a juvenile has been in an out-of-home placement for fifteen (15) of the previous twenty-two (22) months, excluding trial placements and time on runaway status; or (C) No later than thirty (30) days after a hearing granting no reunification services.

(A) No later than twelve (12) months after the date the juvenile enters an out-of-home placement;

(B) After a juvenile has been in an out-of-home placement for fifteen (15) of the previous twenty-two (22) months, excluding trial placements and time on runaway status; or

(C) No later than thirty (30) days after a hearing granting no reunification services.

(2) If a juvenile remains in an out-of-home placement after the initial permanency planning hearing, a permanency planning hearing shall be held annually to reassess the permanency plan selected for the juvenile.

(b) (1) This section does not prevent the Department of Human Services or the attorney ad litem from filing at any time prior to the permanency planning hearing a: (A) Petition to terminate parental rights; (B) Petition for guardianship; or (C) Petition for permanent custody. (2) A permanency planning hearing is not required prior to any of these actions.

(1) This section does not prevent the Department of Human Services or the attorney ad litem from filing at any time prior to the permanency planning hearing a: (A) Petition to terminate parental rights; (B) Petition for guardianship; or (C) Petition for permanent custody.

(A) Petition to terminate parental rights;

(B) Petition for guardianship; or

(C) Petition for permanent custody.

(2) A permanency planning hearing is not required prior to any of these actions.

(c) At the permanency planning hearing, based upon the facts of the case, the circuit court shall enter one (1) of the following permanency goals, listed in order of preference, in accordance with the best interest, health, and safety of the juvenile: (1) Placing custody of the juvenile with a fit parent at the permanency planning hearing; (2) Returning the juvenile to the guardian or custodian from whom the juvenile was initially removed at the permanency planning hearing; (3) Authorizing a plan to place custody of the juvenile with a parent, guardian, or custodian only if the court finds that: (A) (i) The parent, guardian, or custodian is complying with the established case plan and orders of the court, making significant and measurable progress toward achieving the goals established in the case plan and diligently working toward reunification or placement in the home of the parent, guardian, or custodian. (ii) Regardless of when the effort was made, the court shall consider all evidence of an effort made by the parent, guardian, or custodian to remedy the conditions that led to the removal of the juvenile from the custody of the parent, guardian, or custodian and give the evidence the appropriate weight and consideration in relation to the safety, health, and well-being of the juvenile. (iii) The burden is on the parent, guardian, or custodian to demonstrate genuine, sustainable investment in completing the requirements of the case plan and following the orders of the court in order to authorize a plan to return or be placed in the home as the permanency goal; (B) The parent, guardian, or custodian is making significant and measurable progress toward remedying the conditions that: (i) Caused the juvenile's removal and the juvenile's continued removal from the home; or (ii) Prohibit placement of the juvenile in the home of a parent; and (C) (i) Placement of the juvenile in the home of the parent, guardian, or custodian shall occur within a time frame consistent with the juvenile's developmental needs but no later than three (3) months from the date of the permanency planning hearing. (ii) The court may authorize a plan to place custody of a juvenile with a parent, guardian, or custodian of the juvenile despite finding that placement of the juvenile in the home of the parent, guardian, or custodian of the juvenile may not occur within the three-month period required under subdivision (c)(3)(C)(i) of this section if the plan is in the best interest of the child during extraordinary circumstances. (iii) As used in this subdivision (c)(3)(C), "extraordinary circumstances" includes without limitation the following circumstances: (a) The Supreme Court orders the suspension of in-person court proceedings; and (b) One (1) of the following has occurred: (1) The President of the United States has declared a national emergency; or (2) The Governor has declared a state of emergency or a statewide public health emergency; (4) Authorizing a plan to obtain a guardianship or adoption with a fit and willing relative; (5) Authorizing a plan for adoption with the department's filing a petition for termination of parental rights unless: (A) The juvenile is being cared for by a relative and the court finds that: (i) Either: (a) The relative has made a long-term commitment to the child and the relative is willing to pursue guardianship or permanent custody; or (b) The juvenile is being cared for by his or her minor parent who is in foster care; and (ii) Termination of parental rights is not in the best interest of the juvenile; (B) The department has documented in the case plan a compelling reason why filing a petition for termination of parental rights is not in the best interest of the juvenile and the court approves the compelling reason as documented in the case plan; or (C) (i) The department has not provided to the family of the juvenile, consistent with the time period in the case plan, the services as the department deemed necessary for the safe return of the juvenile to the juvenile's home if reunification services were required to be made to the family. (ii) If the department has failed to provide services as outlined in the case plan, the court shall schedule another permanency planning hearing for no later than six (6) months; (6) Authorizing a plan to obtain a guardian for the juvenile; (7) Authorizing a plan to obtain a permanent custodian, including permanent custody with a fit and willing relative; or (8) (A) Authorizing a plan for another planned permanent living arrangement that includes a permanent planned living arrangement and addresses the quality of services, including, but not limited to, independent living services and a plan for the supervision and nurturing the juvenile will receive. (B) Another planned permanent living arrangement shall be selected only if: (i) The department has documented to the circuit court a compelling reason for determining that it would not be in the best interest of the child to follow one (1) of the permanency plans identified in subdivisions (c)(1)-(7) of this section and this subdivision (c)(8); (ii) The child is sixteen (16) years of age or older; and (iii) The court makes a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the juvenile and the court finds compelling reasons why it continues to not be in the best interest of the juvenile to: (a) Return home; (b) Be placed for adoption; (c) Be placed with a legal guardian; or (d) Be placed with a fit and willing relative.

(1) Placing custody of the juvenile with a fit parent at the permanency planning hearing;

(2) Returning the juvenile to the guardian or custodian from whom the juvenile was initially removed at the permanency planning hearing;

(3) Authorizing a plan to place custody of the juvenile with a parent, guardian, or custodian only if the court finds that: (A) (i) The parent, guardian, or custodian is complying with the established case plan and orders of the court, making significant and measurable progress toward achieving the goals established in the case plan and diligently working toward reunification or placement in the home of the parent, guardian, or custodian. (ii) Regardless of when the effort was made, the court shall consider all evidence of an effort made by the parent, guardian, or custodian to remedy the conditions that led to the removal of the juvenile from the custody of the parent, guardian, or custodian and give the evidence the appropriate weight and consideration in relation to the safety, health, and well-being of the juvenile. (iii) The burden is on the parent, guardian, or custodian to demonstrate genuine, sustainable investment in completing the requirements of the case plan and following the orders of the court in order to authorize a plan to return or be placed in the home as the permanency goal; (B) The parent, guardian, or custodian is making significant and measurable progress toward remedying the conditions that: (i) Caused the juvenile's removal and the juvenile's continued removal from the home; or (ii) Prohibit placement of the juvenile in the home of a parent; and (C) (i) Placement of the juvenile in the home of the parent, guardian, or custodian shall occur within a time frame consistent with the juvenile's developmental needs but no later than three (3) months from the date of the permanency planning hearing. (ii) The court may authorize a plan to place custody of a juvenile with a parent, guardian, or custodian of the juvenile despite finding that placement of the juvenile in the home of the parent, guardian, or custodian of the juvenile may not occur within the three-month period required under subdivision (c)(3)(C)(i) of this section if the plan is in the best interest of the child during extraordinary circumstances. (iii) As used in this subdivision (c)(3)(C), "extraordinary circumstances" includes without limitation the following circumstances: (a) The Supreme Court orders the suspension of in-person court proceedings; and (b) One (1) of the following has occurred: (1) The President of the United States has declared a national emergency; or (2) The Governor has declared a state of emergency or a statewide public health emergency;

(A) (i) The parent, guardian, or custodian is complying with the established case plan and orders of the court, making significant and measurable progress toward achieving the goals established in the case plan and diligently working toward reunification or placement in the home of the parent, guardian, or custodian. (ii) Regardless of when the effort was made, the court shall consider all evidence of an effort made by the parent, guardian, or custodian to remedy the conditions that led to the removal of the juvenile from the custody of the parent, guardian, or custodian and give the evidence the appropriate weight and consideration in relation to the safety, health, and well-being of the juvenile. (iii) The burden is on the parent, guardian, or custodian to demonstrate genuine, sustainable investment in completing the requirements of the case plan and following the orders of the court in order to authorize a plan to return or be placed in the home as the permanency goal;

(i) The parent, guardian, or custodian is complying with the established case plan and orders of the court, making significant and measurable progress toward achieving the goals established in the case plan and diligently working toward reunification or placement in the home of the parent, guardian, or custodian.

(ii) Regardless of when the effort was made, the court shall consider all evidence of an effort made by the parent, guardian, or custodian to remedy the conditions that led to the removal of the juvenile from the custody of the parent, guardian, or custodian and give the evidence the appropriate weight and consideration in relation to the safety, health, and well-being of the juvenile.

(iii) The burden is on the parent, guardian, or custodian to demonstrate genuine, sustainable investment in completing the requirements of the case plan and following the orders of the court in order to authorize a plan to return or be placed in the home as the permanency goal;

(B) The parent, guardian, or custodian is making significant and measurable progress toward remedying the conditions that: (i) Caused the juvenile's removal and the juvenile's continued removal from the home; or (ii) Prohibit placement of the juvenile in the home of a parent; and

(i) Caused the juvenile's removal and the juvenile's continued removal from the home; or

(ii) Prohibit placement of the juvenile in the home of a parent; and

(C) (i) Placement of the juvenile in the home of the parent, guardian, or custodian shall occur within a time frame consistent with the juvenile's developmental needs but no later than three (3) months from the date of the permanency planning hearing. (ii) The court may authorize a plan to place custody of a juvenile with a parent, guardian, or custodian of the juvenile despite finding that placement of the juvenile in the home of the parent, guardian, or custodian of the juvenile may not occur within the three-month period required under subdivision (c)(3)(C)(i) of this section if the plan is in the best interest of the child during extraordinary circumstances. (iii) As used in this subdivision (c)(3)(C), "extraordinary circumstances" includes without limitation the following circumstances: (a) The Supreme Court orders the suspension of in-person court proceedings; and (b) One (1) of the following has occurred: (1) The President of the United States has declared a national emergency; or (2) The Governor has declared a state of emergency or a statewide public health emergency;

(i) Placement of the juvenile in the home of the parent, guardian, or custodian shall occur within a time frame consistent with the juvenile's developmental needs but no later than three (3) months from the date of the permanency planning hearing.

(ii) The court may authorize a plan to place custody of a juvenile with a parent, guardian, or custodian of the juvenile despite finding that placement of the juvenile in the home of the parent, guardian, or custodian of the juvenile may not occur within the three-month period required under subdivision (c)(3)(C)(i) of this section if the plan is in the best interest of the child during extraordinary circumstances.

(iii) As used in this subdivision (c)(3)(C), "extraordinary circumstances" includes without limitation the following circumstances: (a) The Supreme Court orders the suspension of in-person court proceedings; and (b) One (1) of the following has occurred: (1) The President of the United States has declared a national emergency; or (2) The Governor has declared a state of emergency or a statewide public health emergency;

(a) The Supreme Court orders the suspension of in-person court proceedings; and

(b) One (1) of the following has occurred: (1) The President of the United States has declared a national emergency; or (2) The Governor has declared a state of emergency or a statewide public health emergency;

(1) The President of the United States has declared a national emergency; or

(2) The Governor has declared a state of emergency or a statewide public health emergency;

(4) Authorizing a plan to obtain a guardianship or adoption with a fit and willing relative;

(5) Authorizing a plan for adoption with the department's filing a petition for termination of parental rights unless: (A) The juvenile is being cared for by a relative and the court finds that: (i) Either: (a) The relative has made a long-term commitment to the child and the relative is willing to pursue guardianship or permanent custody; or (b) The juvenile is being cared for by his or her minor parent who is in foster care; and (ii) Termination of parental rights is not in the best interest of the juvenile; (B) The department has documented in the case plan a compelling reason why filing a petition for termination of parental rights is not in the best interest of the juvenile and the court approves the compelling reason as documented in the case plan; or (C) (i) The department has not provided to the family of the juvenile, consistent with the time period in the case plan, the services as the department deemed necessary for the safe return of the juvenile to the juvenile's home if reunification services were required to be made to the family. (ii) If the department has failed to provide services as outlined in the case plan, the court shall schedule another permanency planning hearing for no later than six (6) months;

(A) The juvenile is being cared for by a relative and the court finds that: (i) Either: (a) The relative has made a long-term commitment to the child and the relative is willing to pursue guardianship or permanent custody; or (b) The juvenile is being cared for by his or her minor parent who is in foster care; and (ii) Termination of parental rights is not in the best interest of the juvenile;

(i) Either: (a) The relative has made a long-term commitment to the child and the relative is willing to pursue guardianship or permanent custody; or (b) The juvenile is being cared for by his or her minor parent who is in foster care; and

(a) The relative has made a long-term commitment to the child and the relative is willing to pursue guardianship or permanent custody; or

(b) The juvenile is being cared for by his or her minor parent who is in foster care; and

(ii) Termination of parental rights is not in the best interest of the juvenile;

(B) The department has documented in the case plan a compelling reason why filing a petition for termination of parental rights is not in the best interest of the juvenile and the court approves the compelling reason as documented in the case plan; or

(C) (i) The department has not provided to the family of the juvenile, consistent with the time period in the case plan, the services as the department deemed necessary for the safe return of the juvenile to the juvenile's home if reunification services were required to be made to the family. (ii) If the department has failed to provide services as outlined in the case plan, the court shall schedule another permanency planning hearing for no later than six (6) months;

(i) The department has not provided to the family of the juvenile, consistent with the time period in the case plan, the services as the department deemed necessary for the safe return of the juvenile to the juvenile's home if reunification services were required to be made to the family.

(ii) If the department has failed to provide services as outlined in the case plan, the court shall schedule another permanency planning hearing for no later than six (6) months;

(6) Authorizing a plan to obtain a guardian for the juvenile;

(7) Authorizing a plan to obtain a permanent custodian, including permanent custody with a fit and willing relative; or

(8) (A) Authorizing a plan for another planned permanent living arrangement that includes a permanent planned living arrangement and addresses the quality of services, including, but not limited to, independent living services and a plan for the supervision and nurturing the juvenile will receive. (B) Another planned permanent living arrangement shall be selected only if: (i) The department has documented to the circuit court a compelling reason for determining that it would not be in the best interest of the child to follow one (1) of the permanency plans identified in subdivisions (c)(1)-(7) of this section and this subdivision (c)(8); (ii) The child is sixteen (16) years of age or older; and (iii) The court makes a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the juvenile and the court finds compelling reasons why it continues to not be in the best interest of the juvenile to: (a) Return home; (b) Be placed for adoption; (c) Be placed with a legal guardian; or (d) Be placed with a fit and willing relative.

(A) Authorizing a plan for another planned permanent living arrangement that includes a permanent planned living arrangement and addresses the quality of services, including, but not limited to, independent living services and a plan for the supervision and nurturing the juvenile will receive.

(B) Another planned permanent living arrangement shall be selected only if: (i) The department has documented to the circuit court a compelling reason for determining that it would not be in the best interest of the child to follow one (1) of the permanency plans identified in subdivisions (c)(1)-(7) of this section and this subdivision (c)(8); (ii) The child is sixteen (16) years of age or older; and (iii) The court makes a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the juvenile and the court finds compelling reasons why it continues to not be in the best interest of the juvenile to: (a) Return home; (b) Be placed for adoption; (c) Be placed with a legal guardian; or (d) Be placed with a fit and willing relative.

(i) The department has documented to the circuit court a compelling reason for determining that it would not be in the best interest of the child to follow one (1) of the permanency plans identified in subdivisions (c)(1)-(7) of this section and this subdivision (c)(8);

(ii) The child is sixteen (16) years of age or older; and

(iii) The court makes a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the juvenile and the court finds compelling reasons why it continues to not be in the best interest of the juvenile to: (a) Return home; (b) Be placed for adoption; (c) Be placed with a legal guardian; or (d) Be placed with a fit and willing relative.

(a) Return home;

(b) Be placed for adoption;

(c) Be placed with a legal guardian; or

(d) Be placed with a fit and willing relative.

(d) At the permanency planning hearing on a juvenile sixteen (16) years of age or older, the court shall ask the juvenile his or her desired permanency outcome, or the attorney ad litem shall enter evidence concerning the child's wishes.

(e) At every permanency planning hearing the court shall make a finding on whether the department has made reasonable efforts and shall describe the efforts to finalize a permanency plan for the juvenile.

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

(g) If the court determines that the permanency goal is adoption, the department shall file the petition to terminate parental rights within thirty (30) days from the date of the permanency planning hearing that establishes adoption as the permanency goal.

(h) (1) The court shall determine if establishing concurrent permanency planning goals is appropriate. (2) If the court determines that establishing concurrent permanency planning goals is appropriate, the court shall establish all appropriate permanency planning goals subject to the requirements of this section. (3) If the court sets a goal of adoption, reunification services shall continue to be provided unless the court: (A) Determines that the reunification services are no longer needed; (B) Terminates parental rights; or (C) Otherwise finalizes a permanency plan for the juvenile.

(1) The court shall determine if establishing concurrent permanency planning goals is appropriate.

(2) If the court determines that establishing concurrent permanency planning goals is appropriate, the court shall establish all appropriate permanency planning goals subject to the requirements of this section.

(3) If the court sets a goal of adoption, reunification services shall continue to be provided unless the court: (A) Determines that the reunification services are no longer needed; (B) Terminates parental rights; or (C) Otherwise finalizes a permanency plan for the juvenile.

(A) Determines that the reunification services are no longer needed;

(B) Terminates parental rights; or

(C) Otherwise finalizes a permanency plan for the juvenile.

Amended by Act 2020F, No. 144,§ 40, eff. 4/20/2020.

Amended by Act 2019, No. 984,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 984,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 996,§ 2, eff. 8/1/2017

Amended by Act 2017, No. 996,§ 1, eff. 8/1/2017

Amended by Act 2015, No. 1038,§ 2, eff. 4/4/2015

Amended by Act 2013, No. 490,§ 2, eff. 8/16/2013

Acts 1989, No. 273, § 37; 1995, No. 1337, § 9; 1997, No. 1227, § 12; 1999, No. 401, § 13; 2001, No. 1503, § 12; 2003, No. 1319, § 22; 2005, No. 1191, § 4; 2009, No. 956, § 17; 2011, No. 1175, § 8

See Act 2020F, No. 144, § 42.
Ark. Code Ann. § 9-14-226 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-226
Income withholding - Prohibition of disciplinary action against employee - Penalty
Status: in_force

(a) A payor who is an employer is prohibited from discharging, refusing to employ, or taking other disciplinary action against a noncustodial parent under an income withholding order. (b) Any employer violating this subchapter shall be subject to the contempt powers of the court issuing the order and may be fined up to fifty dollars ($50.00) per day. (c) The noncustodial parent shall have the burden to prove that income withholding was the sole reason for the employer's action. Acts 1985, No. 989, § 10; A.S.A. 1947, § 34-1228

(a) A payor who is an employer is prohibited from discharging, refusing to employ, or taking other disciplinary action against a noncustodial parent under an income withholding order.

(b) Any employer violating this subchapter shall be subject to the contempt powers of the court issuing the order and may be fined up to fifty dollars ($50.00) per day.

(c) The noncustodial parent shall have the burden to prove that income withholding was the sole reason for the employer's action.

Acts 1985, No. 989, § 10; A.S.A. 1947, § 34-1228
Ark. Code Ann. § 9-10-102 — AR Code / Title 9 / Chapter 10 / Subchapter 1 / Section 9-10-102
Definitions - Actions governed by Arkansas Rules of Civil Procedure - Limitations periods - Venue - Summons - Transfer between local jurisdictions
Status: in_force

(a) As used in this section: (1) "Acknowledged father" means a man who has executed an acknowledgment of paternity as to a child under §§ 20-18-408 - 20-18-409 , or a similar acknowledgment executed during the child's minority; (2) "Adjudicated father" means a man who has been found by a court with proper jurisdiction to be the father of a child; (3) "Presumed father" means a man who was married to the mother of a child at the time of the child's conception or birth and is thus presumed to be the child's natural father under principles of common law; and (4) "Presumed mother" means the woman who gave birth to the child, except as otherwise provided under § 9-10-201 . (b) An action to establish the paternity of a child or children shall be commenced and proceed under the Arkansas Rules of Civil Procedure applicable in circuit court, as amended from time to time by the Supreme Court. (c) (1) A proceeding to adjudicate the parentage of a child may be commenced at any time, but shall only be commenced after the child reaches eighteen (18) years of age if the child initiates the proceeding. (2) A proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time if the court determines that: (A) The results of scientific testing for paternity, including without limitation deoxyribonucleic acid (DNA) typing, establish a ninety-five percent (95%) or more probability that the presumed father is not the biological father of the child, except in cases of adoption; or (B) The presumed father and the biological mother of the child neither cohabitated nor engaged in sexual intercourse with each other during the probable time of conception and the presumed father never openly held out the child as his own. (3) For purposes of this section, an action to establish support for a child shall be considered a proceeding to adjudicate parentage if the child's presumed father raises nonpaternity as a defense to the action. (d) Venue of paternity actions shall be in the county in which the plaintiff resides or, in cases involving a juvenile, in the county in which the juvenile resides. (e) Summons may be issued in any county of this state in which the defendant may be found. (f) (1) Upon a default by the defendant, the court shall grant a finding of paternity and shall establish a child support order based on an application in accordance with the Arkansas Rules of Civil Procedure and the family support chart. (2) The court's granting of a default paternity judgment shall be based on the presumed mother's affidavit of facts in which the presumed mother names the defendant as the father of her child and states the defendant's access during the probable period of conception. (g) (1) (A) The court where the final decree of paternity is rendered shall retain jurisdiction of all matters following the entry of the decree. (B) (i) If more than six (6) months subsequent to the final adjudication, however, each of the parties to the action has established a residence in a county of another judicial district within the state, one (1) or both of the parties may petition the court that entered the final adjudication to request that the case be transferred to another county. (ii) The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer. (iii) If a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the physical custodian of the child. (2) If the court that entered the final adjudication agrees to transfer the case to another judicial district, upon proper motion and affidavit and notice and payment of a refiling fee, the court shall enter an order transferring the case and the refiling fee and charging the clerk of the court to transmit forthwith certified copies of all records pertaining to the case to the clerk of the court in the county where the case is being transferred. (3) An affidavit shall accompany the motion to transfer and recite that the parent or parents, the physical custodian, and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, as appropriate, have been notified in writing that a request has been made to transfer the case. (4) Notification pursuant to this section must inform each recipient that any objection must be filed within twenty (20) days from the date of receipt of the affidavit and motion for transfer. (5) The clerk receiving a transferred case shall within fourteen (14) days of receipt set up a case file, docket the case, and afford the case full faith and credit as if the case had originated in that judicial district. (h) (1) If the child or children at issue are subjects of an open dependency-neglect action filed under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the determination or disestablishment of paternity shall be addressed in that suit with a determination to be made as to whether the interested person is a parent or a putative father as defined in § 9-27-303 . (2) Following closure of the dependency-neglect action, any party with standing may file a new action in the circuit court to establish, modify, or enforce an order of child support based on the paternity finding made in the dependency-neglect action. Amended by Act 2023, No. 763,§ 1, eff. 8/1/2023. Acts 1875 (Adj. Sess.), No. 24, § 2, p. 25; 1879, No. 72, § 1, p. 95; C. & M. Dig., § 773; Pope's Dig., § 929; Acts 1955, No. 127, § 2; 1983, No. 595, § 1; 1985, No. 988, § 1; A.S.A. 1947, §§ 34-702, 34-705.2; Acts 1989, No. 725, § 1; 1995, No. 1184, § 42; 1997, No. 1296, § 3; 1999, No. 539, § 2; 2003, No. 1185, § 10

(a) As used in this section: (1) "Acknowledged father" means a man who has executed an acknowledgment of paternity as to a child under §§ 20-18-408 - 20-18-409 , or a similar acknowledgment executed during the child's minority; (2) "Adjudicated father" means a man who has been found by a court with proper jurisdiction to be the father of a child; (3) "Presumed father" means a man who was married to the mother of a child at the time of the child's conception or birth and is thus presumed to be the child's natural father under principles of common law; and (4) "Presumed mother" means the woman who gave birth to the child, except as otherwise provided under § 9-10-201 .

(1) "Acknowledged father" means a man who has executed an acknowledgment of paternity as to a child under §§ 20-18-408 - 20-18-409 , or a similar acknowledgment executed during the child's minority;

(2) "Adjudicated father" means a man who has been found by a court with proper jurisdiction to be the father of a child;

(3) "Presumed father" means a man who was married to the mother of a child at the time of the child's conception or birth and is thus presumed to be the child's natural father under principles of common law; and

(4) "Presumed mother" means the woman who gave birth to the child, except as otherwise provided under § 9-10-201 .

(b) An action to establish the paternity of a child or children shall be commenced and proceed under the Arkansas Rules of Civil Procedure applicable in circuit court, as amended from time to time by the Supreme Court.

(c) (1) A proceeding to adjudicate the parentage of a child may be commenced at any time, but shall only be commenced after the child reaches eighteen (18) years of age if the child initiates the proceeding. (2) A proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time if the court determines that: (A) The results of scientific testing for paternity, including without limitation deoxyribonucleic acid (DNA) typing, establish a ninety-five percent (95%) or more probability that the presumed father is not the biological father of the child, except in cases of adoption; or (B) The presumed father and the biological mother of the child neither cohabitated nor engaged in sexual intercourse with each other during the probable time of conception and the presumed father never openly held out the child as his own. (3) For purposes of this section, an action to establish support for a child shall be considered a proceeding to adjudicate parentage if the child's presumed father raises nonpaternity as a defense to the action.

(1) A proceeding to adjudicate the parentage of a child may be commenced at any time, but shall only be commenced after the child reaches eighteen (18) years of age if the child initiates the proceeding.

(2) A proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time if the court determines that: (A) The results of scientific testing for paternity, including without limitation deoxyribonucleic acid (DNA) typing, establish a ninety-five percent (95%) or more probability that the presumed father is not the biological father of the child, except in cases of adoption; or (B) The presumed father and the biological mother of the child neither cohabitated nor engaged in sexual intercourse with each other during the probable time of conception and the presumed father never openly held out the child as his own.

(A) The results of scientific testing for paternity, including without limitation deoxyribonucleic acid (DNA) typing, establish a ninety-five percent (95%) or more probability that the presumed father is not the biological father of the child, except in cases of adoption; or

(B) The presumed father and the biological mother of the child neither cohabitated nor engaged in sexual intercourse with each other during the probable time of conception and the presumed father never openly held out the child as his own.

(3) For purposes of this section, an action to establish support for a child shall be considered a proceeding to adjudicate parentage if the child's presumed father raises nonpaternity as a defense to the action.

(d) Venue of paternity actions shall be in the county in which the plaintiff resides or, in cases involving a juvenile, in the county in which the juvenile resides.

(e) Summons may be issued in any county of this state in which the defendant may be found.

(f) (1) Upon a default by the defendant, the court shall grant a finding of paternity and shall establish a child support order based on an application in accordance with the Arkansas Rules of Civil Procedure and the family support chart. (2) The court's granting of a default paternity judgment shall be based on the presumed mother's affidavit of facts in which the presumed mother names the defendant as the father of her child and states the defendant's access during the probable period of conception.

(1) Upon a default by the defendant, the court shall grant a finding of paternity and shall establish a child support order based on an application in accordance with the Arkansas Rules of Civil Procedure and the family support chart.

(2) The court's granting of a default paternity judgment shall be based on the presumed mother's affidavit of facts in which the presumed mother names the defendant as the father of her child and states the defendant's access during the probable period of conception.

(g) (1) (A) The court where the final decree of paternity is rendered shall retain jurisdiction of all matters following the entry of the decree. (B) (i) If more than six (6) months subsequent to the final adjudication, however, each of the parties to the action has established a residence in a county of another judicial district within the state, one (1) or both of the parties may petition the court that entered the final adjudication to request that the case be transferred to another county. (ii) The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer. (iii) If a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the physical custodian of the child. (2) If the court that entered the final adjudication agrees to transfer the case to another judicial district, upon proper motion and affidavit and notice and payment of a refiling fee, the court shall enter an order transferring the case and the refiling fee and charging the clerk of the court to transmit forthwith certified copies of all records pertaining to the case to the clerk of the court in the county where the case is being transferred. (3) An affidavit shall accompany the motion to transfer and recite that the parent or parents, the physical custodian, and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, as appropriate, have been notified in writing that a request has been made to transfer the case. (4) Notification pursuant to this section must inform each recipient that any objection must be filed within twenty (20) days from the date of receipt of the affidavit and motion for transfer. (5) The clerk receiving a transferred case shall within fourteen (14) days of receipt set up a case file, docket the case, and afford the case full faith and credit as if the case had originated in that judicial district.

(1) (A) The court where the final decree of paternity is rendered shall retain jurisdiction of all matters following the entry of the decree. (B) (i) If more than six (6) months subsequent to the final adjudication, however, each of the parties to the action has established a residence in a county of another judicial district within the state, one (1) or both of the parties may petition the court that entered the final adjudication to request that the case be transferred to another county. (ii) The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer. (iii) If a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the physical custodian of the child.

(A) The court where the final decree of paternity is rendered shall retain jurisdiction of all matters following the entry of the decree.

(B) (i) If more than six (6) months subsequent to the final adjudication, however, each of the parties to the action has established a residence in a county of another judicial district within the state, one (1) or both of the parties may petition the court that entered the final adjudication to request that the case be transferred to another county. (ii) The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer. (iii) If a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the physical custodian of the child.

(i) If more than six (6) months subsequent to the final adjudication, however, each of the parties to the action has established a residence in a county of another judicial district within the state, one (1) or both of the parties may petition the court that entered the final adjudication to request that the case be transferred to another county.

(ii) The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer.

(iii) If a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the physical custodian of the child.

(2) If the court that entered the final adjudication agrees to transfer the case to another judicial district, upon proper motion and affidavit and notice and payment of a refiling fee, the court shall enter an order transferring the case and the refiling fee and charging the clerk of the court to transmit forthwith certified copies of all records pertaining to the case to the clerk of the court in the county where the case is being transferred.

(3) An affidavit shall accompany the motion to transfer and recite that the parent or parents, the physical custodian, and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, as appropriate, have been notified in writing that a request has been made to transfer the case.

(4) Notification pursuant to this section must inform each recipient that any objection must be filed within twenty (20) days from the date of receipt of the affidavit and motion for transfer.

(5) The clerk receiving a transferred case shall within fourteen (14) days of receipt set up a case file, docket the case, and afford the case full faith and credit as if the case had originated in that judicial district.

(h) (1) If the child or children at issue are subjects of an open dependency-neglect action filed under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the determination or disestablishment of paternity shall be addressed in that suit with a determination to be made as to whether the interested person is a parent or a putative father as defined in § 9-27-303 . (2) Following closure of the dependency-neglect action, any party with standing may file a new action in the circuit court to establish, modify, or enforce an order of child support based on the paternity finding made in the dependency-neglect action.

(1) If the child or children at issue are subjects of an open dependency-neglect action filed under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the determination or disestablishment of paternity shall be addressed in that suit with a determination to be made as to whether the interested person is a parent or a putative father as defined in § 9-27-303 .

(2) Following closure of the dependency-neglect action, any party with standing may file a new action in the circuit court to establish, modify, or enforce an order of child support based on the paternity finding made in the dependency-neglect action.

Amended by Act 2023, No. 763,§ 1, eff. 8/1/2023.

Acts 1875 (Adj. Sess.), No. 24, § 2, p. 25; 1879, No. 72, § 1, p. 95; C. & M. Dig., § 773; Pope's Dig., § 929; Acts 1955, No. 127, § 2; 1983, No. 595, § 1; 1985, No. 988, § 1; A.S.A. 1947, §§ 34-702, 34-705.2; Acts 1989, No. 725, § 1; 1995, No. 1184, § 42; 1997, No. 1296, § 3; 1999, No. 539, § 2; 2003, No. 1185, § 10
Ark. Code Ann. § 9-27-371 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-371
Punitive isolation or solitary confinement of juveniles - Definitions
Status: in_force

(a) As used in this section: (1) "Punitive isolation" means the placement of a juvenile in a location that is separate from the general population as a punishment; and (2) "Solitary confinement" means the isolation of a juvenile in a cell separate from the general population as a punishment. (b) Subject to subsection (c) of this section, a juvenile who has been placed or detained in a juvenile detention facility shall not be placed in punitive isolation or solitary confinement as a disciplinary measure for more than twenty-four (24) hours unless the: (1) Placement of the juvenile in punitive isolation or solitary confinement is due to: (A) A physical or sexual assault committed by the juvenile while in the juvenile detention facility; (B) Conduct of the juvenile that poses an imminent threat of harm to the safety or well-being of the juvenile, the staff, or other juveniles in the juvenile detention facility; or (C) The juvenile's escaping or attempting to escape from the juvenile detention facility; and (2) (A) Director of the juvenile detention facility provides written authorization to place the juvenile in punitive isolation or solitary confinement for more than twenty-four (24) hours. (B) The director of the juvenile detention facility shall provide the written authorization described in subdivision (b)(2)(A) of this section for every twenty-four-hour period during which the juvenile remains in punitive isolation or solitary confinement after the initial twenty-four (24) hours. (c) (1) A juvenile who has been placed or detained in a juvenile detention facility shall not be placed in solitary confinement if the juvenile: (A) Is pregnant; (B) Has delivered a child prior to or within thirty (30) days of being detained; (C) Is breastfeeding; (D) Is suffering from postpartum depression or another medically verifiable postpartum condition; or (E) Is caring for a child in a juvenile detention facility. (2) This subsection does not apply if: (A) The juvenile has engaged in an act of violence while incarcerated or detained that either resulted in or was likely to result in serious physical injury or death to another person; or (B) There is reasonable cause to believe that the use of solitary confinement is necessary to reduce a substantial risk of imminent serious physical injury or death to another person, as evidenced by the juvenile's recent conduct while incarcerated or detained. Amended by Act 2021, No. 422,§ 1, eff. 7/28/2021. Added by Act 2019, No. 971,§ 1, eff. 7/24/2019.

(a) As used in this section: (1) "Punitive isolation" means the placement of a juvenile in a location that is separate from the general population as a punishment; and (2) "Solitary confinement" means the isolation of a juvenile in a cell separate from the general population as a punishment.

(1) "Punitive isolation" means the placement of a juvenile in a location that is separate from the general population as a punishment; and

(2) "Solitary confinement" means the isolation of a juvenile in a cell separate from the general population as a punishment.

(b) Subject to subsection (c) of this section, a juvenile who has been placed or detained in a juvenile detention facility shall not be placed in punitive isolation or solitary confinement as a disciplinary measure for more than twenty-four (24) hours unless the: (1) Placement of the juvenile in punitive isolation or solitary confinement is due to: (A) A physical or sexual assault committed by the juvenile while in the juvenile detention facility; (B) Conduct of the juvenile that poses an imminent threat of harm to the safety or well-being of the juvenile, the staff, or other juveniles in the juvenile detention facility; or (C) The juvenile's escaping or attempting to escape from the juvenile detention facility; and (2) (A) Director of the juvenile detention facility provides written authorization to place the juvenile in punitive isolation or solitary confinement for more than twenty-four (24) hours. (B) The director of the juvenile detention facility shall provide the written authorization described in subdivision (b)(2)(A) of this section for every twenty-four-hour period during which the juvenile remains in punitive isolation or solitary confinement after the initial twenty-four (24) hours.

(1) Placement of the juvenile in punitive isolation or solitary confinement is due to: (A) A physical or sexual assault committed by the juvenile while in the juvenile detention facility; (B) Conduct of the juvenile that poses an imminent threat of harm to the safety or well-being of the juvenile, the staff, or other juveniles in the juvenile detention facility; or (C) The juvenile's escaping or attempting to escape from the juvenile detention facility; and

(A) A physical or sexual assault committed by the juvenile while in the juvenile detention facility;

(B) Conduct of the juvenile that poses an imminent threat of harm to the safety or well-being of the juvenile, the staff, or other juveniles in the juvenile detention facility; or

(C) The juvenile's escaping or attempting to escape from the juvenile detention facility; and

(2) (A) Director of the juvenile detention facility provides written authorization to place the juvenile in punitive isolation or solitary confinement for more than twenty-four (24) hours. (B) The director of the juvenile detention facility shall provide the written authorization described in subdivision (b)(2)(A) of this section for every twenty-four-hour period during which the juvenile remains in punitive isolation or solitary confinement after the initial twenty-four (24) hours.

(A) Director of the juvenile detention facility provides written authorization to place the juvenile in punitive isolation or solitary confinement for more than twenty-four (24) hours.

(B) The director of the juvenile detention facility shall provide the written authorization described in subdivision (b)(2)(A) of this section for every twenty-four-hour period during which the juvenile remains in punitive isolation or solitary confinement after the initial twenty-four (24) hours.

(c) (1) A juvenile who has been placed or detained in a juvenile detention facility shall not be placed in solitary confinement if the juvenile: (A) Is pregnant; (B) Has delivered a child prior to or within thirty (30) days of being detained; (C) Is breastfeeding; (D) Is suffering from postpartum depression or another medically verifiable postpartum condition; or (E) Is caring for a child in a juvenile detention facility. (2) This subsection does not apply if: (A) The juvenile has engaged in an act of violence while incarcerated or detained that either resulted in or was likely to result in serious physical injury or death to another person; or (B) There is reasonable cause to believe that the use of solitary confinement is necessary to reduce a substantial risk of imminent serious physical injury or death to another person, as evidenced by the juvenile's recent conduct while incarcerated or detained.

(1) A juvenile who has been placed or detained in a juvenile detention facility shall not be placed in solitary confinement if the juvenile: (A) Is pregnant; (B) Has delivered a child prior to or within thirty (30) days of being detained; (C) Is breastfeeding; (D) Is suffering from postpartum depression or another medically verifiable postpartum condition; or (E) Is caring for a child in a juvenile detention facility.

(A) Is pregnant;

(B) Has delivered a child prior to or within thirty (30) days of being detained;

(C) Is breastfeeding;

(D) Is suffering from postpartum depression or another medically verifiable postpartum condition; or

(E) Is caring for a child in a juvenile detention facility.

(2) This subsection does not apply if: (A) The juvenile has engaged in an act of violence while incarcerated or detained that either resulted in or was likely to result in serious physical injury or death to another person; or (B) There is reasonable cause to believe that the use of solitary confinement is necessary to reduce a substantial risk of imminent serious physical injury or death to another person, as evidenced by the juvenile's recent conduct while incarcerated or detained.

(A) The juvenile has engaged in an act of violence while incarcerated or detained that either resulted in or was likely to result in serious physical injury or death to another person; or

(B) There is reasonable cause to believe that the use of solitary confinement is necessary to reduce a substantial risk of imminent serious physical injury or death to another person, as evidenced by the juvenile's recent conduct while incarcerated or detained.

Amended by Act 2021, No. 422,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 971,§ 1, eff. 7/24/2019.