Ark. Code Ann. § 9-20-121 — AR Code / Title 9 / Chapter 20 / Section 9-20-121
Availability of custody and protective services records
Status: in_force

(a) Reports, correspondence, memoranda, case histories, medical records, or other materials, including protected health information, compiled or gathered by the Department of Human Services regarding a maltreated adult in the custody of the department or receiving protective services from the department shall be confidential and shall not be released or otherwise made available except: (1) To the maltreated adult; (2) To the attorney representing the maltreated adult in a custody or protective services case when the disclosure is authorized in a court order or an authorization form that complies with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, executed by the maltreated adult; (3) For any audit or similar activity conducted with the administration of any plan or program by any governmental agency that is authorized by law to conduct the audit or activity; (4) To law enforcement agencies, a prosecuting attorney, or the Attorney General; (5) (A) To any licensing or registering authority to the extent necessary to carry out its official responsibilities. (B) Information released under subdivision (a)(5)(A) of this section shall be maintained as confidential; (6) To a circuit court under this chapter; (7) To a grand jury or court upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury; (8) To a person or provider currently providing care or services to the adult; (9) To a person or provider identified by the department as having services needed by the adult; (10) (A) (i) To individual federal and state representatives and senators in their official capacity when the disclosure is authorized in a court order or an authorization form that complies with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, executed by the maltreated adult. (ii) Federal and state representatives and senators shall not disclose information obtained under this section. (B) No disclosure may be made to any committee or legislative body of any information that identifies by name or address any recipient of services; (11) In the discretion of the department, if the adult is in the custody of the department, the department may share: (A) Information as permitted by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, when the disclosure of information is: (i) To family, friends, or anyone else authorized by the maltreated adult; (ii) Needed to assist with the care of the maltreated adult; (iii) Needed to notify a person of the maltreated adult's location and general condition; and (iv) Not objected to by the maltreated adult; and (B) Appropriate information when the maltreated adult is incapacitated when it is in the best interest of the maltreated adult; (12) To the Office of Medicaid Inspector General; and (13) To an individual authorized by the maltreated adult in an executed authorization form that complies with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, or valid court order. (b) Except for the maltreated adult, no person or agency to whom disclosure is made may disclose to any other person reports or other information obtained under this section. (c) A disclosure of information in violation of this section shall be a Class C misdemeanor. (d) (1) Data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department: (A) Are confidential; (B) Shall be sealed; and (C) Shall not be redisclosed without a protective order. (2) Data, records, reports, or documents released under this section are confidential and are items of evidence for which there is a reasonable expectation of privacy that the items will not be distributed to persons or institutions without a legitimate interest in the evidence. (3) This chapter does not contain language that is deemed to abrogate the right of discovery in a criminal case under the Arkansas Rules of Criminal Procedure or other applicable law. Amended by Act 2021, No. 470,§ 5, eff. 7/28/2021. Amended by Act 2015, No. 1214,§ 2, eff. 7/22/2015 Acts 2005, No. 1811, § 1; 2007, No. 283, § 5

(a) Reports, correspondence, memoranda, case histories, medical records, or other materials, including protected health information, compiled or gathered by the Department of Human Services regarding a maltreated adult in the custody of the department or receiving protective services from the department shall be confidential and shall not be released or otherwise made available except: (1) To the maltreated adult; (2) To the attorney representing the maltreated adult in a custody or protective services case when the disclosure is authorized in a court order or an authorization form that complies with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, executed by the maltreated adult; (3) For any audit or similar activity conducted with the administration of any plan or program by any governmental agency that is authorized by law to conduct the audit or activity; (4) To law enforcement agencies, a prosecuting attorney, or the Attorney General; (5) (A) To any licensing or registering authority to the extent necessary to carry out its official responsibilities. (B) Information released under subdivision (a)(5)(A) of this section shall be maintained as confidential; (6) To a circuit court under this chapter; (7) To a grand jury or court upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury; (8) To a person or provider currently providing care or services to the adult; (9) To a person or provider identified by the department as having services needed by the adult; (10) (A) (i) To individual federal and state representatives and senators in their official capacity when the disclosure is authorized in a court order or an authorization form that complies with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, executed by the maltreated adult. (ii) Federal and state representatives and senators shall not disclose information obtained under this section. (B) No disclosure may be made to any committee or legislative body of any information that identifies by name or address any recipient of services; (11) In the discretion of the department, if the adult is in the custody of the department, the department may share: (A) Information as permitted by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, when the disclosure of information is: (i) To family, friends, or anyone else authorized by the maltreated adult; (ii) Needed to assist with the care of the maltreated adult; (iii) Needed to notify a person of the maltreated adult's location and general condition; and (iv) Not objected to by the maltreated adult; and (B) Appropriate information when the maltreated adult is incapacitated when it is in the best interest of the maltreated adult; (12) To the Office of Medicaid Inspector General; and (13) To an individual authorized by the maltreated adult in an executed authorization form that complies with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, or valid court order.

(1) To the maltreated adult;

(2) To the attorney representing the maltreated adult in a custody or protective services case when the disclosure is authorized in a court order or an authorization form that complies with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, executed by the maltreated adult;

(3) For any audit or similar activity conducted with the administration of any plan or program by any governmental agency that is authorized by law to conduct the audit or activity;

(4) To law enforcement agencies, a prosecuting attorney, or the Attorney General;

(5) (A) To any licensing or registering authority to the extent necessary to carry out its official responsibilities. (B) Information released under subdivision (a)(5)(A) of this section shall be maintained as confidential;

(A) To any licensing or registering authority to the extent necessary to carry out its official responsibilities.

(B) Information released under subdivision (a)(5)(A) of this section shall be maintained as confidential;

(6) To a circuit court under this chapter;

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

(8) To a person or provider currently providing care or services to the adult;

(9) To a person or provider identified by the department as having services needed by the adult;

(10) (A) (i) To individual federal and state representatives and senators in their official capacity when the disclosure is authorized in a court order or an authorization form that complies with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, executed by the maltreated adult. (ii) Federal and state representatives and senators shall not disclose information obtained under this section. (B) No disclosure may be made to any committee or legislative body of any information that identifies by name or address any recipient of services;

(A) (i) To individual federal and state representatives and senators in their official capacity when the disclosure is authorized in a court order or an authorization form that complies with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, executed by the maltreated adult. (ii) Federal and state representatives and senators shall not disclose information obtained under this section.

(i) To individual federal and state representatives and senators in their official capacity when the disclosure is authorized in a court order or an authorization form that complies with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, executed by the maltreated adult.

(ii) Federal and state representatives and senators shall not disclose information obtained under this section.

(B) No disclosure may be made to any committee or legislative body of any information that identifies by name or address any recipient of services;

(11) In the discretion of the department, if the adult is in the custody of the department, the department may share: (A) Information as permitted by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, when the disclosure of information is: (i) To family, friends, or anyone else authorized by the maltreated adult; (ii) Needed to assist with the care of the maltreated adult; (iii) Needed to notify a person of the maltreated adult's location and general condition; and (iv) Not objected to by the maltreated adult; and (B) Appropriate information when the maltreated adult is incapacitated when it is in the best interest of the maltreated adult;

(A) Information as permitted by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, when the disclosure of information is: (i) To family, friends, or anyone else authorized by the maltreated adult; (ii) Needed to assist with the care of the maltreated adult; (iii) Needed to notify a person of the maltreated adult's location and general condition; and (iv) Not objected to by the maltreated adult; and

(i) To family, friends, or anyone else authorized by the maltreated adult;

(ii) Needed to assist with the care of the maltreated adult;

(iii) Needed to notify a person of the maltreated adult's location and general condition; and

(iv) Not objected to by the maltreated adult; and

(B) Appropriate information when the maltreated adult is incapacitated when it is in the best interest of the maltreated adult;

(12) To the Office of Medicaid Inspector General; and

(13) To an individual authorized by the maltreated adult in an executed authorization form that complies with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, or valid court order.

(b) Except for the maltreated adult, no person or agency to whom disclosure is made may disclose to any other person reports or other information obtained under this section.

(c) A disclosure of information in violation of this section shall be a Class C misdemeanor.

(d) (1) Data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department: (A) Are confidential; (B) Shall be sealed; and (C) Shall not be redisclosed without a protective order. (2) Data, records, reports, or documents released under this section are confidential and are items of evidence for which there is a reasonable expectation of privacy that the items will not be distributed to persons or institutions without a legitimate interest in the evidence. (3) This chapter does not contain language that is deemed to abrogate the right of discovery in a criminal case under the Arkansas Rules of Criminal Procedure or other applicable law.

(1) Data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department: (A) Are confidential; (B) Shall be sealed; and (C) Shall not be redisclosed without a protective order.

(A) Are confidential;

(B) Shall be sealed; and

(C) Shall not be redisclosed without a protective order.

(2) Data, records, reports, or documents released under this section are confidential and are items of evidence for which there is a reasonable expectation of privacy that the items will not be distributed to persons or institutions without a legitimate interest in the evidence.

(3) This chapter does not contain language that is deemed to abrogate the right of discovery in a criminal case under the Arkansas Rules of Criminal Procedure or other applicable law.

Amended by Act 2021, No. 470,§ 5, eff. 7/28/2021.

Amended by Act 2015, No. 1214,§ 2, eff. 7/22/2015

Acts 2005, No. 1811, § 1; 2007, No. 283, § 5
Ark. Code Ann. § 9-28-1102 — AR Code / Title 9 / Chapter 28 / Subchapter 11 / Section 9-28-1102
[Repealed]
Status: repealed

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

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

Added by Act 2013, No. 1513,§ 1, eff. 8/16/2013
Ark. Code Ann. § 9-27-315 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-315
Probable cause hearing
Status: in_force

(a) (1) (A) Following the issuance of an emergency order, the circuit court shall hold a probable cause hearing within five (5) business days of the issuance of the ex parte order to determine if probable cause to issue the emergency order continues to exist. (B) (i) The hearing shall be limited to the purpose of determining whether probable cause existed to protect the juvenile and to determine whether probable cause still exists to protect the juvenile. (ii) However, the issues as to custody and delivery of services may be considered by the court and appropriate orders for custody and delivery of services entered by the court. (iii) If the defendant stipulates that probable cause exists, the only evidence that is presented at the probable cause hearing shall be: (a) Evidence pertaining to family time; and (b) Evidence pertaining to services delivered to the family. (iv) A parent shall not be compelled to testify under any circumstances. (v) For the sole purpose of the probable cause hearing, the stipulation of a parent that probable cause exists shall also serve as a stipulation to the introduction of the affidavit of the plaintiff. (2) (A) All other issues, with the exception of custody and services, shall be reserved for hearing by the court at the adjudication hearing, which shall be a separate hearing conducted subsequent to the probable cause hearing. (B) By agreement of the parties and with the court's approval, the adjudication hearing may be conducted at any time after the probable cause hearing, subject to § 9-27-327(a)(2) . (b) The petitioner shall have the burden of proof by a preponderance of evidence that probable cause exists for continuation of the emergency order. (c) If the court determines that the juvenile can safely be returned to his or her home pending adjudication and it is in the best interest of the juvenile, the court shall so order. (d) (1) At the probable cause hearing, the court shall set the time and date of the adjudication hearing. (2) A written order shall be filed by the court or by a party or party's attorney, as designated by the court, within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner. (e) All probable cause hearings are miscellaneous proceedings as defined in Rule 1101(b)(3) of the Arkansas Rules of Evidence, and the rules of evidence, including, but not limited to, the hearsay rule, Rule 802 of the Arkansas Rules of Evidence, are not applicable. Amended by Act 2023, No. 363,§ 7, eff. 8/1/2023. Amended by Act 2019, No. 559,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 1111,§ 1, eff. 8/1/2017 Amended by Act 2013, No. 1055,§ 8, eff. 8/16/2013 Acts 1989, No. 273, § 14; 1993, No. 1227, § 3; 1995, No. 533, § 5; 1995, No. 1337, § 2; 1997, No. 1227, § 3; 1999, No. 1340, § 33; 2003, No. 1319, § 11; 2005, No. 1990, § 7

(a) (1) (A) Following the issuance of an emergency order, the circuit court shall hold a probable cause hearing within five (5) business days of the issuance of the ex parte order to determine if probable cause to issue the emergency order continues to exist. (B) (i) The hearing shall be limited to the purpose of determining whether probable cause existed to protect the juvenile and to determine whether probable cause still exists to protect the juvenile. (ii) However, the issues as to custody and delivery of services may be considered by the court and appropriate orders for custody and delivery of services entered by the court. (iii) If the defendant stipulates that probable cause exists, the only evidence that is presented at the probable cause hearing shall be: (a) Evidence pertaining to family time; and (b) Evidence pertaining to services delivered to the family. (iv) A parent shall not be compelled to testify under any circumstances. (v) For the sole purpose of the probable cause hearing, the stipulation of a parent that probable cause exists shall also serve as a stipulation to the introduction of the affidavit of the plaintiff. (2) (A) All other issues, with the exception of custody and services, shall be reserved for hearing by the court at the adjudication hearing, which shall be a separate hearing conducted subsequent to the probable cause hearing. (B) By agreement of the parties and with the court's approval, the adjudication hearing may be conducted at any time after the probable cause hearing, subject to § 9-27-327(a)(2) .

(1) (A) Following the issuance of an emergency order, the circuit court shall hold a probable cause hearing within five (5) business days of the issuance of the ex parte order to determine if probable cause to issue the emergency order continues to exist. (B) (i) The hearing shall be limited to the purpose of determining whether probable cause existed to protect the juvenile and to determine whether probable cause still exists to protect the juvenile. (ii) However, the issues as to custody and delivery of services may be considered by the court and appropriate orders for custody and delivery of services entered by the court. (iii) If the defendant stipulates that probable cause exists, the only evidence that is presented at the probable cause hearing shall be: (a) Evidence pertaining to family time; and (b) Evidence pertaining to services delivered to the family. (iv) A parent shall not be compelled to testify under any circumstances. (v) For the sole purpose of the probable cause hearing, the stipulation of a parent that probable cause exists shall also serve as a stipulation to the introduction of the affidavit of the plaintiff.

(A) Following the issuance of an emergency order, the circuit court shall hold a probable cause hearing within five (5) business days of the issuance of the ex parte order to determine if probable cause to issue the emergency order continues to exist.

(B) (i) The hearing shall be limited to the purpose of determining whether probable cause existed to protect the juvenile and to determine whether probable cause still exists to protect the juvenile. (ii) However, the issues as to custody and delivery of services may be considered by the court and appropriate orders for custody and delivery of services entered by the court. (iii) If the defendant stipulates that probable cause exists, the only evidence that is presented at the probable cause hearing shall be: (a) Evidence pertaining to family time; and (b) Evidence pertaining to services delivered to the family. (iv) A parent shall not be compelled to testify under any circumstances. (v) For the sole purpose of the probable cause hearing, the stipulation of a parent that probable cause exists shall also serve as a stipulation to the introduction of the affidavit of the plaintiff.

(i) The hearing shall be limited to the purpose of determining whether probable cause existed to protect the juvenile and to determine whether probable cause still exists to protect the juvenile.

(ii) However, the issues as to custody and delivery of services may be considered by the court and appropriate orders for custody and delivery of services entered by the court.

(iii) If the defendant stipulates that probable cause exists, the only evidence that is presented at the probable cause hearing shall be: (a) Evidence pertaining to family time; and (b) Evidence pertaining to services delivered to the family.

(a) Evidence pertaining to family time; and

(b) Evidence pertaining to services delivered to the family.

(iv) A parent shall not be compelled to testify under any circumstances.

(v) For the sole purpose of the probable cause hearing, the stipulation of a parent that probable cause exists shall also serve as a stipulation to the introduction of the affidavit of the plaintiff.

(2) (A) All other issues, with the exception of custody and services, shall be reserved for hearing by the court at the adjudication hearing, which shall be a separate hearing conducted subsequent to the probable cause hearing. (B) By agreement of the parties and with the court's approval, the adjudication hearing may be conducted at any time after the probable cause hearing, subject to § 9-27-327(a)(2) .

(A) All other issues, with the exception of custody and services, shall be reserved for hearing by the court at the adjudication hearing, which shall be a separate hearing conducted subsequent to the probable cause hearing.

(B) By agreement of the parties and with the court's approval, the adjudication hearing may be conducted at any time after the probable cause hearing, subject to § 9-27-327(a)(2) .

(b) The petitioner shall have the burden of proof by a preponderance of evidence that probable cause exists for continuation of the emergency order.

(c) If the court determines that the juvenile can safely be returned to his or her home pending adjudication and it is in the best interest of the juvenile, the court shall so order.

(d) (1) At the probable cause hearing, the court shall set the time and date of the adjudication hearing. (2) A written order shall be filed by the court or by a party or party's attorney, as designated by the court, within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner.

(1) At the probable cause hearing, the court shall set the time and date of the adjudication hearing.

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

(e) All probable cause hearings are miscellaneous proceedings as defined in Rule 1101(b)(3) of the Arkansas Rules of Evidence, and the rules of evidence, including, but not limited to, the hearsay rule, Rule 802 of the Arkansas Rules of Evidence, are not applicable.

Amended by Act 2023, No. 363,§ 7, eff. 8/1/2023.

Amended by Act 2019, No. 559,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 1111,§ 1, eff. 8/1/2017

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

Acts 1989, No. 273, § 14; 1993, No. 1227, § 3; 1995, No. 533, § 5; 1995, No. 1337, § 2; 1997, No. 1227, § 3; 1999, No. 1340, § 33; 2003, No. 1319, § 11; 2005, No. 1990, § 7
Ark. Code Ann. § 9-14-102 — AR Code / Title 9 / Chapter 14 / Subchapter 1 / Section 9-14-102
Wage assignment and deduction - Definitions
Status: in_force

(a) As used in this section: (1) "Political subdivision thereof" means all cities of the first class, cities of the second class, incorporated towns and counties and their agencies, boards, commissions, institutions and other instrumentalities, and school districts; and (2) "State of Arkansas" means all agencies, boards, commissions, institutions, and other instrumentalities of the state. (b) (1) When a person is ordered by a court of record to pay for the support of his or her children under eighteen (18) years of age, the court, at the time an order of support is made or any time thereafter, upon a showing of good cause, shall order his or her employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States to deduct from all moneys due or payable to the person, the entitlement to which is based upon remuneration for employment, past or present, such amounts as the court may find to be necessary to comply with its order for the support of the children under eighteen (18) years of age. (2) In determining good cause, the court may take into consideration evidence of the degree of the respondent's past financial responsibility, credit references, credit history, and any other matter the court considers relevant in determining the likelihood of payment in accordance with the support order. (c) (1) Any order for support that orders that the payment be made to the support collection unit shall order the respondent's employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States to deduct from all moneys due or payable to the person, the entitlement to which is based upon remuneration for employment, past or present, such amounts as the court may find to be necessary to comply with its orders for the support of the children under eighteen (18) years of age. (2) (A) However, any such support order shall provide that no such deduction shall be made unless and until the support collection unit established by the appropriate social services district has determined that the person is delinquent in making a specified number of payments determined by the court in the order and a copy of the order and determination has been served upon the person's employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States. (B) Additionally, the person shall be given notice of the determination at least fifteen (15) days prior to service of the order and determination on the employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States. (C) If the person pays all arrearages within the fifteen-day period, the order and determination shall not be served and no deduction shall be required by reason of the determination, but the payment shall not affect or otherwise limit any determination made as a result of any subsequent delinquencies. (3) The employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States shall deduct the amount as ordered from the moneys due or payable and forward it monthly as directed in the order. (d) (1) The court shall require the person to provide the court with his or her full name, address, and Social Security number. (2) However, a Social Security number may be required only when permitted under federal law. Acts 1979, No. 722, §§ 1, 2; 1983, No. 594, § 1; A.S.A. 1947, §§ 34-2424.1, 34-2424.2

(a) As used in this section: (1) "Political subdivision thereof" means all cities of the first class, cities of the second class, incorporated towns and counties and their agencies, boards, commissions, institutions and other instrumentalities, and school districts; and (2) "State of Arkansas" means all agencies, boards, commissions, institutions, and other instrumentalities of the state.

(1) "Political subdivision thereof" means all cities of the first class, cities of the second class, incorporated towns and counties and their agencies, boards, commissions, institutions and other instrumentalities, and school districts; and

(2) "State of Arkansas" means all agencies, boards, commissions, institutions, and other instrumentalities of the state.

(b) (1) When a person is ordered by a court of record to pay for the support of his or her children under eighteen (18) years of age, the court, at the time an order of support is made or any time thereafter, upon a showing of good cause, shall order his or her employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States to deduct from all moneys due or payable to the person, the entitlement to which is based upon remuneration for employment, past or present, such amounts as the court may find to be necessary to comply with its order for the support of the children under eighteen (18) years of age. (2) In determining good cause, the court may take into consideration evidence of the degree of the respondent's past financial responsibility, credit references, credit history, and any other matter the court considers relevant in determining the likelihood of payment in accordance with the support order.

(1) When a person is ordered by a court of record to pay for the support of his or her children under eighteen (18) years of age, the court, at the time an order of support is made or any time thereafter, upon a showing of good cause, shall order his or her employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States to deduct from all moneys due or payable to the person, the entitlement to which is based upon remuneration for employment, past or present, such amounts as the court may find to be necessary to comply with its order for the support of the children under eighteen (18) years of age.

(2) In determining good cause, the court may take into consideration evidence of the degree of the respondent's past financial responsibility, credit references, credit history, and any other matter the court considers relevant in determining the likelihood of payment in accordance with the support order.

(c) (1) Any order for support that orders that the payment be made to the support collection unit shall order the respondent's employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States to deduct from all moneys due or payable to the person, the entitlement to which is based upon remuneration for employment, past or present, such amounts as the court may find to be necessary to comply with its orders for the support of the children under eighteen (18) years of age. (2) (A) However, any such support order shall provide that no such deduction shall be made unless and until the support collection unit established by the appropriate social services district has determined that the person is delinquent in making a specified number of payments determined by the court in the order and a copy of the order and determination has been served upon the person's employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States. (B) Additionally, the person shall be given notice of the determination at least fifteen (15) days prior to service of the order and determination on the employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States. (C) If the person pays all arrearages within the fifteen-day period, the order and determination shall not be served and no deduction shall be required by reason of the determination, but the payment shall not affect or otherwise limit any determination made as a result of any subsequent delinquencies. (3) The employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States shall deduct the amount as ordered from the moneys due or payable and forward it monthly as directed in the order.

(1) Any order for support that orders that the payment be made to the support collection unit shall order the respondent's employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States to deduct from all moneys due or payable to the person, the entitlement to which is based upon remuneration for employment, past or present, such amounts as the court may find to be necessary to comply with its orders for the support of the children under eighteen (18) years of age.

(2) (A) However, any such support order shall provide that no such deduction shall be made unless and until the support collection unit established by the appropriate social services district has determined that the person is delinquent in making a specified number of payments determined by the court in the order and a copy of the order and determination has been served upon the person's employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States. (B) Additionally, the person shall be given notice of the determination at least fifteen (15) days prior to service of the order and determination on the employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States. (C) If the person pays all arrearages within the fifteen-day period, the order and determination shall not be served and no deduction shall be required by reason of the determination, but the payment shall not affect or otherwise limit any determination made as a result of any subsequent delinquencies.

(A) However, any such support order shall provide that no such deduction shall be made unless and until the support collection unit established by the appropriate social services district has determined that the person is delinquent in making a specified number of payments determined by the court in the order and a copy of the order and determination has been served upon the person's employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States.

(B) Additionally, the person shall be given notice of the determination at least fifteen (15) days prior to service of the order and determination on the employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States.

(C) If the person pays all arrearages within the fifteen-day period, the order and determination shall not be served and no deduction shall be required by reason of the determination, but the payment shall not affect or otherwise limit any determination made as a result of any subsequent delinquencies.

(3) The employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the State of Arkansas or any political subdivision thereof, or the United States shall deduct the amount as ordered from the moneys due or payable and forward it monthly as directed in the order.

(d) (1) The court shall require the person to provide the court with his or her full name, address, and Social Security number. (2) However, a Social Security number may be required only when permitted under federal law.

(1) The court shall require the person to provide the court with his or her full name, address, and Social Security number.

(2) However, a Social Security number may be required only when permitted under federal law.

Acts 1979, No. 722, §§ 1, 2; 1983, No. 594, § 1; A.S.A. 1947, §§ 34-2424.1, 34-2424.2
Ark. Code Ann. § 9-28-405 — AR Code / Title 9 / Chapter 28 / Subchapter 4 / Section 9-28-405
Child Welfare Agency Review Board - Duties
Status: in_force

(a) (1) The Child Welfare Agency Review Board shall promulgate and publish rules setting minimum standards governing the granting, revocation, refusal, conversion, and suspension of licenses for a child welfare agency and the operation of a child welfare agency. (2) The board may consult with such other agencies, organizations, or individuals as it shall deem proper. (3) (A) The board shall take any action necessary to prohibit any person, partnership, group, corporation, organization, or association not licensed or exempted from licensure pursuant to this subchapter from advertising, placing, planning for, or assisting in the placement of any unrelated minor for purposes of adoption or for care in a foster home. (B) The prohibition against advertising shall not apply to persons who are seeking to add to their own family by adoption. (b) The board may amend the rules promulgated pursuant to this section from time to time, in accordance with the rule promulgation procedures in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) (1) The board shall have exclusive authority to promulgate rules that: (A) Promote the health, safety, and welfare of children in the care of a child welfare agency; (B) Promote safe and healthy physical facilities; (C) Ensure adequate supervision of the children by capable, qualified, and healthy individuals; (D) Ensure appropriate educational programs and activities for children in the care of a child welfare agency; (E) Ensure adequate and healthy food service; (F) Include procedures for the receipt, recordation, and disposition of complaints regarding allegations of violations of this subchapter, of the rules promulgated under this subchapter, or of child maltreatment laws; (G) Include procedures for the assessment of child and family needs and for the delivery of services designed to enable each child to grow and develop in a permanent family setting; (H) Ensure that criminal record checks and central registry checks are completed on owners, operators, and employees of a child welfare agency as set forth in this subchapter; (I) Require the compilation of reports and making those reports available to the Division of Youth Services when the board determines it is necessary for compliance determination or data compilation; (J) Ensure that a child placement agency: (i) Treats clients seeking or receiving services in a professional manner, as defined by rules promulgated pursuant to this section; and (ii) Provides clients seeking or receiving services from a child placement agency that provides adoption services with the phone number and address of the Child Welfare Agency Licensing Unit of the Department of Human Services where complaints can be lodged; (K) Require that all child welfare agencies that provide adoption services fully apprise in writing all clients involved in the process of adopting a child of the agency's adoption program or services, including all possible costs associated with the adoption program; and (L) Establish rules governing retention of licensing records maintained by the Department of Human Services. (2) This subchapter shall not be construed to prevent a licensed child welfare agency from adopting and applying internal operating procedures that meet or exceed the minimum standards required by the board. (d) (1) Provided that the health, safety, and welfare of children in the care of a child welfare agency are not endangered, nothing in this subchapter shall permit the board to promulgate or enforce any rule that has the effect of: (A) Interfering with the religious teaching or instruction offered by a child welfare agency; (B) Infringing upon the religious beliefs of the holder or holders of a child welfare agency license; (C) Infringing upon the right of an agency operated by a religious organization to consider creed in any decision or action relating to admitting or declining to admit a child or family for services; or (D) Infringing upon the parent's right to consent to a child's participating in prayer or other religious practices while in the care of the child welfare agency. (E) [Repealed.] (2) (A) (i) A child welfare agency that articulates a sincerely held religious belief that is violated by a specific rule promulgated by the board shall notify the department in writing of the belief and the specific rule that violates the belief. (ii) The rule shall be presumptively invalid as applied to that child welfare agency. (B) (i) The department may then file a petition before the board seeking to enforce the rule. (ii) The department shall bear the burden of showing that the health, safety, or welfare of children would be endangered by the exemption, and if the board so finds by a preponderance of the evidence, the board shall render a finding of fact so concluding. (e) The board shall issue all licenses to child welfare agencies upon majority vote of board members present during each properly called board meeting at which a quorum is present when the meeting is called to order. (f) (1) (A) The board shall have the power to deny an application to operate a child welfare agency or revoke or suspend a previously issued license to operate a child welfare agency. (B) The board may deny, suspend, convert, or revoke a child welfare agency license or issue letters of reprimand or caution to a child welfare agency if the board finds by a preponderance of the evidence that the applicant or licensee: (i) Fails to comply with the provisions of this subchapter or any published rule of the board relating to child welfare agencies; (ii) Furnishes or makes any statement or report to the department that is false or misleading; (iii) Refuses or fails to submit required reports or to make available to the department any records required by it in making an investigation of the agency for licensing purposes; (iv) Refuses or fails to submit to an investigation or to reasonable inspection by the department; (v) Retaliates against an employee who in good faith reports a suspected violation of the provisions of this subchapter or the rules promulgated under this subchapter; (vi) Fails to engage in a course of professional conduct in dealing with clients being served by the child placement agency, as defined by rules promulgated pursuant to this section; (vii) Demonstrates gross negligence in carrying out the duties at the child placement agency; or (viii) Fails to provide clients involved in the process of adoption of a child with correct and sufficient information pertaining to the adoption process, services, and costs. (2) Any denial of application or revocation or suspension of a license shall be effective when made. (g) The board shall review the qualifications of persons required to have background checks under this subchapter. (h) (1) The board or its designee may grant an agency's request for alternative compliance upon a finding that the child welfare agency does not meet the letter of a rule promulgated under this subchapter but that the child welfare agency meets or exceeds the intent of that rule through alternative means. (2) (A) If the board or its designee grants a request for alternative compliance, the child welfare agency's practice as described in the request for alternative compliance shall be the compliance terms under which the child welfare agency will be held responsible. (B) The board or its designee may grant an agency's request for special consideration upon a finding that the request is in the best interest of the child or children or does not pose a risk to the persons served by the agency. (C) Violations of those terms shall constitute a rule violation. (i) (1) (A) The board shall have the authority to impose a civil penalty upon any person violating any provisions of this subchapter and any person assisting any partnership, group, corporation, organization, or association in violating any provisions of this subchapter, except that the imposition of civil penalties shall not apply to agencies that have been granted a church-operated exemption pursuant to this subchapter. (B) (i) The board may impose a civil penalty upon any person, partnership, group, corporation, organization, or association not licensed or exempt from licensure as a child welfare agency in the State of Arkansas pursuant to this subchapter that advertises, places, plans for, or assists in the placement of any unrelated minor for purposes of adoption or for care in a foster home. (ii) The prohibition against advertising does not apply to persons who are seeking to add to their own family by adoption. (2) The board shall have the discretion to impose a civil penalty pursuant to this section when the board determines by clear and convincing evidence that the person sought to be charged has violated this subchapter or the rules promulgated thereunder willfully, wantonly, or with conscious disregard for law or rule. (3) The board may impose civil penalties as follows: (A) (i) Class A violations as defined in this subchapter shall be subject to a civil penalty of five hundred dollars ($500) for each violation, with each day of noncompliance constituting a separate violation. (ii) In no event shall the board impose civil penalties of more than two thousand five hundred dollars ($2,500) for Class A violations occurring in any one (1) calendar month; and (B) (i) Class B violations as defined in this subchapter shall be subject to a civil penalty of one hundred dollars ($100) for each violation with each day of noncompliance constituting a separate violation. (ii) In no event shall the board impose civil penalties of more than five hundred dollars ($500) for Class B violations occurring in any one (1) calendar month. (4) If any person upon whom the board has levied a civil penalty fails to pay the civil penalty within sixty (60) days of the board's decision to impose the penalty, the amount of the fine shall be considered to be a debt owed the State of Arkansas and may be collected by civil action by the Attorney General. (j) (1) (A) The board shall notify the applicant or licensee of the department's petition for adverse action in writing and set forth the facts forming the basis for the request for the adverse action. (B) This notice shall offer the licensee the opportunity for a predeprivation adverse action hearing to determine if the adverse action should be taken against the licensee or applicant. (2) This section does not prevent the department or the board from closing a child welfare agency on an emergency basis if emergency closure is immediately required to protect the health, safety, or welfare of children, in which case the licensee shall be entitled to a post-deprivation adverse action hearing. (k) (1) Adverse action hearings shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) (A) Within ten (10) business days after rendering a decision, the board shall forward to the applicant or licensee written findings of fact and conclusions of law articulating the board's decision. (B) The board shall also issue an order that the applicant or licensee cease and desist from the unlawful operation of a child welfare agency if the adverse action taken was revocation or suspension of the license or denial of an application. (l) (1) If, upon the filing of a petition for a judicial review, the reviewing court determines that there is a substantial possibility that the board's decision against the licensee or applicant may be reversed, the circuit court may enter a stay prohibiting enforcement of a decision of the board, provided that the court articulates the facts from the adverse action hearing record that constitute a substantial possibility of reversal. (2) (A) Thereafter, the court shall complete its review of the record and announce its decision within one hundred twenty (120) days of the entry of the stay. (B) If the court does not issue its findings within one hundred twenty (120) days of the issuance of the stay, the stay shall be considered vacated. (m) All rules promulgated under this section and all public comment received in writing by the department in response shall be made available for review by the Senate Interim Committee on Children and Youth and the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs, and by the Governor or his or her designee from among the Governor's staff. (n) (1) (A) The validity or application of any rule promulgated by the board under authority of this subchapter shall be subject to remedies provided by law for obtaining declaratory judgments at the suit of any interested person instituted in the circuit court of any county in which the plaintiff resides or does business or in Pulaski County Circuit Court. (B) However, the board must be named a party defendant and the board must be summoned as in an action by ordinary proceedings. (2) If a juvenile is found to be maltreated due to the acts or omissions of a person other than the parent or guardian of the juvenile, the court may enter an order restraining or enjoining the person or facility employing that person from providing care, training, education, custody, or supervision of juveniles of whom the person or facility is not the parent or guardian. (3) (A) If the person or facility other than the parent or guardian of the juvenile found to be maltreated was not subject to this subchapter, the court may order the person or facility to obtain a license from the board as a condition precedent to the person's or facility's providing care, training, education, custody, or supervision of any juveniles of whom the person or facility is not the parent or guardian. (B) If the court so orders, this subchapter shall thereafter apply to the person or facility subject to the court order. (o) (1) The department shall maintain a website accessible to the general public that contains information on child placement agencies. (2) The website shall contain: (A) The name, phone number, and address of all child placement agencies licensed by the board; (B) Information on each child placement agency, specifically if the license is in good standing, if the license has ever been revoked or suspended, or if any letters of caution or reprimand have been issued by the board; and (C) The name and contact information for a person in the unit who handles complaints about child placement agencies. Amended by Act 2021, No. 673,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 727, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 726, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 725, eff. 7/24/2019. Amended by Act 2013, No. 1275,§ 2, eff. 8/16/2013 Acts 1997, No. 1041, § 5; 2005, No. 2225, § 1; 2005, No. 2234, § 2; 2009, No. 723, §§ 4-6; 2011, No. 522, §§ 9-14

(a) (1) The Child Welfare Agency Review Board shall promulgate and publish rules setting minimum standards governing the granting, revocation, refusal, conversion, and suspension of licenses for a child welfare agency and the operation of a child welfare agency. (2) The board may consult with such other agencies, organizations, or individuals as it shall deem proper. (3) (A) The board shall take any action necessary to prohibit any person, partnership, group, corporation, organization, or association not licensed or exempted from licensure pursuant to this subchapter from advertising, placing, planning for, or assisting in the placement of any unrelated minor for purposes of adoption or for care in a foster home. (B) The prohibition against advertising shall not apply to persons who are seeking to add to their own family by adoption.

(1) The Child Welfare Agency Review Board shall promulgate and publish rules setting minimum standards governing the granting, revocation, refusal, conversion, and suspension of licenses for a child welfare agency and the operation of a child welfare agency.

(2) The board may consult with such other agencies, organizations, or individuals as it shall deem proper.

(3) (A) The board shall take any action necessary to prohibit any person, partnership, group, corporation, organization, or association not licensed or exempted from licensure pursuant to this subchapter from advertising, placing, planning for, or assisting in the placement of any unrelated minor for purposes of adoption or for care in a foster home. (B) The prohibition against advertising shall not apply to persons who are seeking to add to their own family by adoption.

(A) The board shall take any action necessary to prohibit any person, partnership, group, corporation, organization, or association not licensed or exempted from licensure pursuant to this subchapter from advertising, placing, planning for, or assisting in the placement of any unrelated minor for purposes of adoption or for care in a foster home.

(B) The prohibition against advertising shall not apply to persons who are seeking to add to their own family by adoption.

(b) The board may amend the rules promulgated pursuant to this section from time to time, in accordance with the rule promulgation procedures in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) (1) The board shall have exclusive authority to promulgate rules that: (A) Promote the health, safety, and welfare of children in the care of a child welfare agency; (B) Promote safe and healthy physical facilities; (C) Ensure adequate supervision of the children by capable, qualified, and healthy individuals; (D) Ensure appropriate educational programs and activities for children in the care of a child welfare agency; (E) Ensure adequate and healthy food service; (F) Include procedures for the receipt, recordation, and disposition of complaints regarding allegations of violations of this subchapter, of the rules promulgated under this subchapter, or of child maltreatment laws; (G) Include procedures for the assessment of child and family needs and for the delivery of services designed to enable each child to grow and develop in a permanent family setting; (H) Ensure that criminal record checks and central registry checks are completed on owners, operators, and employees of a child welfare agency as set forth in this subchapter; (I) Require the compilation of reports and making those reports available to the Division of Youth Services when the board determines it is necessary for compliance determination or data compilation; (J) Ensure that a child placement agency: (i) Treats clients seeking or receiving services in a professional manner, as defined by rules promulgated pursuant to this section; and (ii) Provides clients seeking or receiving services from a child placement agency that provides adoption services with the phone number and address of the Child Welfare Agency Licensing Unit of the Department of Human Services where complaints can be lodged; (K) Require that all child welfare agencies that provide adoption services fully apprise in writing all clients involved in the process of adopting a child of the agency's adoption program or services, including all possible costs associated with the adoption program; and (L) Establish rules governing retention of licensing records maintained by the Department of Human Services. (2) This subchapter shall not be construed to prevent a licensed child welfare agency from adopting and applying internal operating procedures that meet or exceed the minimum standards required by the board.

(1) The board shall have exclusive authority to promulgate rules that: (A) Promote the health, safety, and welfare of children in the care of a child welfare agency; (B) Promote safe and healthy physical facilities; (C) Ensure adequate supervision of the children by capable, qualified, and healthy individuals; (D) Ensure appropriate educational programs and activities for children in the care of a child welfare agency; (E) Ensure adequate and healthy food service; (F) Include procedures for the receipt, recordation, and disposition of complaints regarding allegations of violations of this subchapter, of the rules promulgated under this subchapter, or of child maltreatment laws; (G) Include procedures for the assessment of child and family needs and for the delivery of services designed to enable each child to grow and develop in a permanent family setting; (H) Ensure that criminal record checks and central registry checks are completed on owners, operators, and employees of a child welfare agency as set forth in this subchapter; (I) Require the compilation of reports and making those reports available to the Division of Youth Services when the board determines it is necessary for compliance determination or data compilation; (J) Ensure that a child placement agency: (i) Treats clients seeking or receiving services in a professional manner, as defined by rules promulgated pursuant to this section; and (ii) Provides clients seeking or receiving services from a child placement agency that provides adoption services with the phone number and address of the Child Welfare Agency Licensing Unit of the Department of Human Services where complaints can be lodged; (K) Require that all child welfare agencies that provide adoption services fully apprise in writing all clients involved in the process of adopting a child of the agency's adoption program or services, including all possible costs associated with the adoption program; and (L) Establish rules governing retention of licensing records maintained by the Department of Human Services.

(A) Promote the health, safety, and welfare of children in the care of a child welfare agency;

(B) Promote safe and healthy physical facilities;

(C) Ensure adequate supervision of the children by capable, qualified, and healthy individuals;

(D) Ensure appropriate educational programs and activities for children in the care of a child welfare agency;

(E) Ensure adequate and healthy food service;

(F) Include procedures for the receipt, recordation, and disposition of complaints regarding allegations of violations of this subchapter, of the rules promulgated under this subchapter, or of child maltreatment laws;

(G) Include procedures for the assessment of child and family needs and for the delivery of services designed to enable each child to grow and develop in a permanent family setting;

(H) Ensure that criminal record checks and central registry checks are completed on owners, operators, and employees of a child welfare agency as set forth in this subchapter;

(I) Require the compilation of reports and making those reports available to the Division of Youth Services when the board determines it is necessary for compliance determination or data compilation;

(J) Ensure that a child placement agency: (i) Treats clients seeking or receiving services in a professional manner, as defined by rules promulgated pursuant to this section; and (ii) Provides clients seeking or receiving services from a child placement agency that provides adoption services with the phone number and address of the Child Welfare Agency Licensing Unit of the Department of Human Services where complaints can be lodged;

(i) Treats clients seeking or receiving services in a professional manner, as defined by rules promulgated pursuant to this section; and

(ii) Provides clients seeking or receiving services from a child placement agency that provides adoption services with the phone number and address of the Child Welfare Agency Licensing Unit of the Department of Human Services where complaints can be lodged;

(K) Require that all child welfare agencies that provide adoption services fully apprise in writing all clients involved in the process of adopting a child of the agency's adoption program or services, including all possible costs associated with the adoption program; and

(L) Establish rules governing retention of licensing records maintained by the Department of Human Services.

(2) This subchapter shall not be construed to prevent a licensed child welfare agency from adopting and applying internal operating procedures that meet or exceed the minimum standards required by the board.

(d) (1) Provided that the health, safety, and welfare of children in the care of a child welfare agency are not endangered, nothing in this subchapter shall permit the board to promulgate or enforce any rule that has the effect of: (A) Interfering with the religious teaching or instruction offered by a child welfare agency; (B) Infringing upon the religious beliefs of the holder or holders of a child welfare agency license; (C) Infringing upon the right of an agency operated by a religious organization to consider creed in any decision or action relating to admitting or declining to admit a child or family for services; or (D) Infringing upon the parent's right to consent to a child's participating in prayer or other religious practices while in the care of the child welfare agency. (E) [Repealed.] (2) (A) (i) A child welfare agency that articulates a sincerely held religious belief that is violated by a specific rule promulgated by the board shall notify the department in writing of the belief and the specific rule that violates the belief. (ii) The rule shall be presumptively invalid as applied to that child welfare agency. (B) (i) The department may then file a petition before the board seeking to enforce the rule. (ii) The department shall bear the burden of showing that the health, safety, or welfare of children would be endangered by the exemption, and if the board so finds by a preponderance of the evidence, the board shall render a finding of fact so concluding.

(1) Provided that the health, safety, and welfare of children in the care of a child welfare agency are not endangered, nothing in this subchapter shall permit the board to promulgate or enforce any rule that has the effect of: (A) Interfering with the religious teaching or instruction offered by a child welfare agency; (B) Infringing upon the religious beliefs of the holder or holders of a child welfare agency license; (C) Infringing upon the right of an agency operated by a religious organization to consider creed in any decision or action relating to admitting or declining to admit a child or family for services; or (D) Infringing upon the parent's right to consent to a child's participating in prayer or other religious practices while in the care of the child welfare agency. (E) [Repealed.]

(A) Interfering with the religious teaching or instruction offered by a child welfare agency;

(B) Infringing upon the religious beliefs of the holder or holders of a child welfare agency license;

(C) Infringing upon the right of an agency operated by a religious organization to consider creed in any decision or action relating to admitting or declining to admit a child or family for services; or

(D) Infringing upon the parent's right to consent to a child's participating in prayer or other religious practices while in the care of the child welfare agency.

(E) [Repealed.]

(2) (A) (i) A child welfare agency that articulates a sincerely held religious belief that is violated by a specific rule promulgated by the board shall notify the department in writing of the belief and the specific rule that violates the belief. (ii) The rule shall be presumptively invalid as applied to that child welfare agency. (B) (i) The department may then file a petition before the board seeking to enforce the rule. (ii) The department shall bear the burden of showing that the health, safety, or welfare of children would be endangered by the exemption, and if the board so finds by a preponderance of the evidence, the board shall render a finding of fact so concluding.

(A) (i) A child welfare agency that articulates a sincerely held religious belief that is violated by a specific rule promulgated by the board shall notify the department in writing of the belief and the specific rule that violates the belief. (ii) The rule shall be presumptively invalid as applied to that child welfare agency.

(i) A child welfare agency that articulates a sincerely held religious belief that is violated by a specific rule promulgated by the board shall notify the department in writing of the belief and the specific rule that violates the belief.

(ii) The rule shall be presumptively invalid as applied to that child welfare agency.

(B) (i) The department may then file a petition before the board seeking to enforce the rule. (ii) The department shall bear the burden of showing that the health, safety, or welfare of children would be endangered by the exemption, and if the board so finds by a preponderance of the evidence, the board shall render a finding of fact so concluding.

(i) The department may then file a petition before the board seeking to enforce the rule.

(ii) The department shall bear the burden of showing that the health, safety, or welfare of children would be endangered by the exemption, and if the board so finds by a preponderance of the evidence, the board shall render a finding of fact so concluding.

(e) The board shall issue all licenses to child welfare agencies upon majority vote of board members present during each properly called board meeting at which a quorum is present when the meeting is called to order.

(f) (1) (A) The board shall have the power to deny an application to operate a child welfare agency or revoke or suspend a previously issued license to operate a child welfare agency. (B) The board may deny, suspend, convert, or revoke a child welfare agency license or issue letters of reprimand or caution to a child welfare agency if the board finds by a preponderance of the evidence that the applicant or licensee: (i) Fails to comply with the provisions of this subchapter or any published rule of the board relating to child welfare agencies; (ii) Furnishes or makes any statement or report to the department that is false or misleading; (iii) Refuses or fails to submit required reports or to make available to the department any records required by it in making an investigation of the agency for licensing purposes; (iv) Refuses or fails to submit to an investigation or to reasonable inspection by the department; (v) Retaliates against an employee who in good faith reports a suspected violation of the provisions of this subchapter or the rules promulgated under this subchapter; (vi) Fails to engage in a course of professional conduct in dealing with clients being served by the child placement agency, as defined by rules promulgated pursuant to this section; (vii) Demonstrates gross negligence in carrying out the duties at the child placement agency; or (viii) Fails to provide clients involved in the process of adoption of a child with correct and sufficient information pertaining to the adoption process, services, and costs. (2) Any denial of application or revocation or suspension of a license shall be effective when made.

(1) (A) The board shall have the power to deny an application to operate a child welfare agency or revoke or suspend a previously issued license to operate a child welfare agency. (B) The board may deny, suspend, convert, or revoke a child welfare agency license or issue letters of reprimand or caution to a child welfare agency if the board finds by a preponderance of the evidence that the applicant or licensee: (i) Fails to comply with the provisions of this subchapter or any published rule of the board relating to child welfare agencies; (ii) Furnishes or makes any statement or report to the department that is false or misleading; (iii) Refuses or fails to submit required reports or to make available to the department any records required by it in making an investigation of the agency for licensing purposes; (iv) Refuses or fails to submit to an investigation or to reasonable inspection by the department; (v) Retaliates against an employee who in good faith reports a suspected violation of the provisions of this subchapter or the rules promulgated under this subchapter; (vi) Fails to engage in a course of professional conduct in dealing with clients being served by the child placement agency, as defined by rules promulgated pursuant to this section; (vii) Demonstrates gross negligence in carrying out the duties at the child placement agency; or (viii) Fails to provide clients involved in the process of adoption of a child with correct and sufficient information pertaining to the adoption process, services, and costs.

(A) The board shall have the power to deny an application to operate a child welfare agency or revoke or suspend a previously issued license to operate a child welfare agency.

(B) The board may deny, suspend, convert, or revoke a child welfare agency license or issue letters of reprimand or caution to a child welfare agency if the board finds by a preponderance of the evidence that the applicant or licensee: (i) Fails to comply with the provisions of this subchapter or any published rule of the board relating to child welfare agencies; (ii) Furnishes or makes any statement or report to the department that is false or misleading; (iii) Refuses or fails to submit required reports or to make available to the department any records required by it in making an investigation of the agency for licensing purposes; (iv) Refuses or fails to submit to an investigation or to reasonable inspection by the department; (v) Retaliates against an employee who in good faith reports a suspected violation of the provisions of this subchapter or the rules promulgated under this subchapter; (vi) Fails to engage in a course of professional conduct in dealing with clients being served by the child placement agency, as defined by rules promulgated pursuant to this section; (vii) Demonstrates gross negligence in carrying out the duties at the child placement agency; or (viii) Fails to provide clients involved in the process of adoption of a child with correct and sufficient information pertaining to the adoption process, services, and costs.

(i) Fails to comply with the provisions of this subchapter or any published rule of the board relating to child welfare agencies;

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

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

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

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

(vi) Fails to engage in a course of professional conduct in dealing with clients being served by the child placement agency, as defined by rules promulgated pursuant to this section;

(vii) Demonstrates gross negligence in carrying out the duties at the child placement agency; or

(viii) Fails to provide clients involved in the process of adoption of a child with correct and sufficient information pertaining to the adoption process, services, and costs.

(2) Any denial of application or revocation or suspension of a license shall be effective when made.

(g) The board shall review the qualifications of persons required to have background checks under this subchapter.

(h) (1) The board or its designee may grant an agency's request for alternative compliance upon a finding that the child welfare agency does not meet the letter of a rule promulgated under this subchapter but that the child welfare agency meets or exceeds the intent of that rule through alternative means. (2) (A) If the board or its designee grants a request for alternative compliance, the child welfare agency's practice as described in the request for alternative compliance shall be the compliance terms under which the child welfare agency will be held responsible. (B) The board or its designee may grant an agency's request for special consideration upon a finding that the request is in the best interest of the child or children or does not pose a risk to the persons served by the agency. (C) Violations of those terms shall constitute a rule violation.

(1) The board or its designee may grant an agency's request for alternative compliance upon a finding that the child welfare agency does not meet the letter of a rule promulgated under this subchapter but that the child welfare agency meets or exceeds the intent of that rule through alternative means.

(2) (A) If the board or its designee grants a request for alternative compliance, the child welfare agency's practice as described in the request for alternative compliance shall be the compliance terms under which the child welfare agency will be held responsible. (B) The board or its designee may grant an agency's request for special consideration upon a finding that the request is in the best interest of the child or children or does not pose a risk to the persons served by the agency. (C) Violations of those terms shall constitute a rule violation.

(A) If the board or its designee grants a request for alternative compliance, the child welfare agency's practice as described in the request for alternative compliance shall be the compliance terms under which the child welfare agency will be held responsible.

(B) The board or its designee may grant an agency's request for special consideration upon a finding that the request is in the best interest of the child or children or does not pose a risk to the persons served by the agency.

(C) Violations of those terms shall constitute a rule violation.

(i) (1) (A) The board shall have the authority to impose a civil penalty upon any person violating any provisions of this subchapter and any person assisting any partnership, group, corporation, organization, or association in violating any provisions of this subchapter, except that the imposition of civil penalties shall not apply to agencies that have been granted a church-operated exemption pursuant to this subchapter. (B) (i) The board may impose a civil penalty upon any person, partnership, group, corporation, organization, or association not licensed or exempt from licensure as a child welfare agency in the State of Arkansas pursuant to this subchapter that advertises, places, plans for, or assists in the placement of any unrelated minor for purposes of adoption or for care in a foster home. (ii) The prohibition against advertising does not apply to persons who are seeking to add to their own family by adoption. (2) The board shall have the discretion to impose a civil penalty pursuant to this section when the board determines by clear and convincing evidence that the person sought to be charged has violated this subchapter or the rules promulgated thereunder willfully, wantonly, or with conscious disregard for law or rule. (3) The board may impose civil penalties as follows: (A) (i) Class A violations as defined in this subchapter shall be subject to a civil penalty of five hundred dollars ($500) for each violation, with each day of noncompliance constituting a separate violation. (ii) In no event shall the board impose civil penalties of more than two thousand five hundred dollars ($2,500) for Class A violations occurring in any one (1) calendar month; and (B) (i) Class B violations as defined in this subchapter shall be subject to a civil penalty of one hundred dollars ($100) for each violation with each day of noncompliance constituting a separate violation. (ii) In no event shall the board impose civil penalties of more than five hundred dollars ($500) for Class B violations occurring in any one (1) calendar month. (4) If any person upon whom the board has levied a civil penalty fails to pay the civil penalty within sixty (60) days of the board's decision to impose the penalty, the amount of the fine shall be considered to be a debt owed the State of Arkansas and may be collected by civil action by the Attorney General.

(1) (A) The board shall have the authority to impose a civil penalty upon any person violating any provisions of this subchapter and any person assisting any partnership, group, corporation, organization, or association in violating any provisions of this subchapter, except that the imposition of civil penalties shall not apply to agencies that have been granted a church-operated exemption pursuant to this subchapter. (B) (i) The board may impose a civil penalty upon any person, partnership, group, corporation, organization, or association not licensed or exempt from licensure as a child welfare agency in the State of Arkansas pursuant to this subchapter that advertises, places, plans for, or assists in the placement of any unrelated minor for purposes of adoption or for care in a foster home. (ii) The prohibition against advertising does not apply to persons who are seeking to add to their own family by adoption.

(A) The board shall have the authority to impose a civil penalty upon any person violating any provisions of this subchapter and any person assisting any partnership, group, corporation, organization, or association in violating any provisions of this subchapter, except that the imposition of civil penalties shall not apply to agencies that have been granted a church-operated exemption pursuant to this subchapter.

(B) (i) The board may impose a civil penalty upon any person, partnership, group, corporation, organization, or association not licensed or exempt from licensure as a child welfare agency in the State of Arkansas pursuant to this subchapter that advertises, places, plans for, or assists in the placement of any unrelated minor for purposes of adoption or for care in a foster home. (ii) The prohibition against advertising does not apply to persons who are seeking to add to their own family by adoption.

(i) The board may impose a civil penalty upon any person, partnership, group, corporation, organization, or association not licensed or exempt from licensure as a child welfare agency in the State of Arkansas pursuant to this subchapter that advertises, places, plans for, or assists in the placement of any unrelated minor for purposes of adoption or for care in a foster home.

(ii) The prohibition against advertising does not apply to persons who are seeking to add to their own family by adoption.

(2) The board shall have the discretion to impose a civil penalty pursuant to this section when the board determines by clear and convincing evidence that the person sought to be charged has violated this subchapter or the rules promulgated thereunder willfully, wantonly, or with conscious disregard for law or rule.

(3) The board may impose civil penalties as follows: (A) (i) Class A violations as defined in this subchapter shall be subject to a civil penalty of five hundred dollars ($500) for each violation, with each day of noncompliance constituting a separate violation. (ii) In no event shall the board impose civil penalties of more than two thousand five hundred dollars ($2,500) for Class A violations occurring in any one (1) calendar month; and (B) (i) Class B violations as defined in this subchapter shall be subject to a civil penalty of one hundred dollars ($100) for each violation with each day of noncompliance constituting a separate violation. (ii) In no event shall the board impose civil penalties of more than five hundred dollars ($500) for Class B violations occurring in any one (1) calendar month.

(A) (i) Class A violations as defined in this subchapter shall be subject to a civil penalty of five hundred dollars ($500) for each violation, with each day of noncompliance constituting a separate violation. (ii) In no event shall the board impose civil penalties of more than two thousand five hundred dollars ($2,500) for Class A violations occurring in any one (1) calendar month; and

(i) Class A violations as defined in this subchapter shall be subject to a civil penalty of five hundred dollars ($500) for each violation, with each day of noncompliance constituting a separate violation.

(ii) In no event shall the board impose civil penalties of more than two thousand five hundred dollars ($2,500) for Class A violations occurring in any one (1) calendar month; and

(B) (i) Class B violations as defined in this subchapter shall be subject to a civil penalty of one hundred dollars ($100) for each violation with each day of noncompliance constituting a separate violation. (ii) In no event shall the board impose civil penalties of more than five hundred dollars ($500) for Class B violations occurring in any one (1) calendar month.

(i) Class B violations as defined in this subchapter shall be subject to a civil penalty of one hundred dollars ($100) for each violation with each day of noncompliance constituting a separate violation.

(ii) In no event shall the board impose civil penalties of more than five hundred dollars ($500) for Class B violations occurring in any one (1) calendar month.

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

(j) (1) (A) The board shall notify the applicant or licensee of the department's petition for adverse action in writing and set forth the facts forming the basis for the request for the adverse action. (B) This notice shall offer the licensee the opportunity for a predeprivation adverse action hearing to determine if the adverse action should be taken against the licensee or applicant. (2) This section does not prevent the department or the board from closing a child welfare agency on an emergency basis if emergency closure is immediately required to protect the health, safety, or welfare of children, in which case the licensee shall be entitled to a post-deprivation adverse action hearing.

(1) (A) The board shall notify the applicant or licensee of the department's petition for adverse action in writing and set forth the facts forming the basis for the request for the adverse action. (B) This notice shall offer the licensee the opportunity for a predeprivation adverse action hearing to determine if the adverse action should be taken against the licensee or applicant.

(A) The board shall notify the applicant or licensee of the department's petition for adverse action in writing and set forth the facts forming the basis for the request for the adverse action.

(B) This notice shall offer the licensee the opportunity for a predeprivation adverse action hearing to determine if the adverse action should be taken against the licensee or applicant.

(2) This section does not prevent the department or the board from closing a child welfare agency on an emergency basis if emergency closure is immediately required to protect the health, safety, or welfare of children, in which case the licensee shall be entitled to a post-deprivation adverse action hearing.

(k) (1) Adverse action hearings shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) (A) Within ten (10) business days after rendering a decision, the board shall forward to the applicant or licensee written findings of fact and conclusions of law articulating the board's decision. (B) The board shall also issue an order that the applicant or licensee cease and desist from the unlawful operation of a child welfare agency if the adverse action taken was revocation or suspension of the license or denial of an application.

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

(2) (A) Within ten (10) business days after rendering a decision, the board shall forward to the applicant or licensee written findings of fact and conclusions of law articulating the board's decision. (B) The board shall also issue an order that the applicant or licensee cease and desist from the unlawful operation of a child welfare agency if the adverse action taken was revocation or suspension of the license or denial of an application.

(A) Within ten (10) business days after rendering a decision, the board shall forward to the applicant or licensee written findings of fact and conclusions of law articulating the board's decision.

(B) The board shall also issue an order that the applicant or licensee cease and desist from the unlawful operation of a child welfare agency if the adverse action taken was revocation or suspension of the license or denial of an application.

(l) (1) If, upon the filing of a petition for a judicial review, the reviewing court determines that there is a substantial possibility that the board's decision against the licensee or applicant may be reversed, the circuit court may enter a stay prohibiting enforcement of a decision of the board, provided that the court articulates the facts from the adverse action hearing record that constitute a substantial possibility of reversal. (2) (A) Thereafter, the court shall complete its review of the record and announce its decision within one hundred twenty (120) days of the entry of the stay. (B) If the court does not issue its findings within one hundred twenty (120) days of the issuance of the stay, the stay shall be considered vacated.

(1) If, upon the filing of a petition for a judicial review, the reviewing court determines that there is a substantial possibility that the board's decision against the licensee or applicant may be reversed, the circuit court may enter a stay prohibiting enforcement of a decision of the board, provided that the court articulates the facts from the adverse action hearing record that constitute a substantial possibility of reversal.

(2) (A) Thereafter, the court shall complete its review of the record and announce its decision within one hundred twenty (120) days of the entry of the stay. (B) If the court does not issue its findings within one hundred twenty (120) days of the issuance of the stay, the stay shall be considered vacated.

(A) Thereafter, the court shall complete its review of the record and announce its decision within one hundred twenty (120) days of the entry of the stay.

(B) If the court does not issue its findings within one hundred twenty (120) days of the issuance of the stay, the stay shall be considered vacated.

(m) All rules promulgated under this section and all public comment received in writing by the department in response shall be made available for review by the Senate Interim Committee on Children and Youth and the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs, and by the Governor or his or her designee from among the Governor's staff.

(n) (1) (A) The validity or application of any rule promulgated by the board under authority of this subchapter shall be subject to remedies provided by law for obtaining declaratory judgments at the suit of any interested person instituted in the circuit court of any county in which the plaintiff resides or does business or in Pulaski County Circuit Court. (B) However, the board must be named a party defendant and the board must be summoned as in an action by ordinary proceedings. (2) If a juvenile is found to be maltreated due to the acts or omissions of a person other than the parent or guardian of the juvenile, the court may enter an order restraining or enjoining the person or facility employing that person from providing care, training, education, custody, or supervision of juveniles of whom the person or facility is not the parent or guardian. (3) (A) If the person or facility other than the parent or guardian of the juvenile found to be maltreated was not subject to this subchapter, the court may order the person or facility to obtain a license from the board as a condition precedent to the person's or facility's providing care, training, education, custody, or supervision of any juveniles of whom the person or facility is not the parent or guardian. (B) If the court so orders, this subchapter shall thereafter apply to the person or facility subject to the court order.

(1) (A) The validity or application of any rule promulgated by the board under authority of this subchapter shall be subject to remedies provided by law for obtaining declaratory judgments at the suit of any interested person instituted in the circuit court of any county in which the plaintiff resides or does business or in Pulaski County Circuit Court. (B) However, the board must be named a party defendant and the board must be summoned as in an action by ordinary proceedings.

(A) The validity or application of any rule promulgated by the board under authority of this subchapter shall be subject to remedies provided by law for obtaining declaratory judgments at the suit of any interested person instituted in the circuit court of any county in which the plaintiff resides or does business or in Pulaski County Circuit Court.

(B) However, the board must be named a party defendant and the board must be summoned as in an action by ordinary proceedings.

(2) If a juvenile is found to be maltreated due to the acts or omissions of a person other than the parent or guardian of the juvenile, the court may enter an order restraining or enjoining the person or facility employing that person from providing care, training, education, custody, or supervision of juveniles of whom the person or facility is not the parent or guardian.

(3) (A) If the person or facility other than the parent or guardian of the juvenile found to be maltreated was not subject to this subchapter, the court may order the person or facility to obtain a license from the board as a condition precedent to the person's or facility's providing care, training, education, custody, or supervision of any juveniles of whom the person or facility is not the parent or guardian. (B) If the court so orders, this subchapter shall thereafter apply to the person or facility subject to the court order.

(A) If the person or facility other than the parent or guardian of the juvenile found to be maltreated was not subject to this subchapter, the court may order the person or facility to obtain a license from the board as a condition precedent to the person's or facility's providing care, training, education, custody, or supervision of any juveniles of whom the person or facility is not the parent or guardian.

(B) If the court so orders, this subchapter shall thereafter apply to the person or facility subject to the court order.

(o) (1) The department shall maintain a website accessible to the general public that contains information on child placement agencies. (2) The website shall contain: (A) The name, phone number, and address of all child placement agencies licensed by the board; (B) Information on each child placement agency, specifically if the license is in good standing, if the license has ever been revoked or suspended, or if any letters of caution or reprimand have been issued by the board; and (C) The name and contact information for a person in the unit who handles complaints about child placement agencies.

(1) The department shall maintain a website accessible to the general public that contains information on child placement agencies.

(2) The website shall contain: (A) The name, phone number, and address of all child placement agencies licensed by the board; (B) Information on each child placement agency, specifically if the license is in good standing, if the license has ever been revoked or suspended, or if any letters of caution or reprimand have been issued by the board; and (C) The name and contact information for a person in the unit who handles complaints about child placement agencies.

(A) The name, phone number, and address of all child placement agencies licensed by the board;

(B) Information on each child placement agency, specifically if the license is in good standing, if the license has ever been revoked or suspended, or if any letters of caution or reprimand have been issued by the board; and

(C) The name and contact information for a person in the unit who handles complaints about child placement agencies.

Amended by Act 2021, No. 673,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 727, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 726, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 725, eff. 7/24/2019.

Amended by Act 2013, No. 1275,§ 2, eff. 8/16/2013

Acts 1997, No. 1041, § 5; 2005, No. 2225, § 1; 2005, No. 2234, § 2; 2009, No. 723, §§ 4-6; 2011, No. 522, §§ 9-14
Ark. Code Ann. § 9-31-201 — AR Code / Title 9 / Chapter 31 / Subchapter 2 / Section 9-31-201
Definitions
Status: in_force

As used in this subchapter: (1) "ADEPT" means a program that provides assessment, diagnosis, evaluation, placement, and treatment services to nonadjudicated and adjudicated youths and their families using a multidiscipline approach and working in coordination with existing juvenile treatment programs; and (2) "Department" means the Department of Human Services. Amended by Act 2019, No. 910,§ 5147, eff. 7/1/2019. Acts 1994 (2nd Ex. Sess.), No. 23, § 1

As used in this subchapter:

(1) "ADEPT" means a program that provides assessment, diagnosis, evaluation, placement, and treatment services to nonadjudicated and adjudicated youths and their families using a multidiscipline approach and working in coordination with existing juvenile treatment programs; and

(2) "Department" means the Department of Human Services.

Amended by Act 2019, No. 910,§ 5147, eff. 7/1/2019.

Acts 1994 (2nd Ex. Sess.), No. 23, § 1
Ark. Code Ann. § 9-31-404 — AR Code / Title 9 / Chapter 31 / Subchapter 4 / Section 9-31-404
Powers and responsibilities of the Arkansas Youth Mediation Program
Status: in_force

(a) (1) There is created a program that shall be called the "Arkansas Youth Mediation Program". (2) In the event funds are appropriated for this purpose, it shall be housed at and operated by the University of Arkansas at Little Rock William H. Bowen School of Law and the University of Arkansas at Fayetteville School of Law. (b) The program shall have the authority and responsibility to: (1) Operate pilot projects offering mediation services for disputes in schools involving youth, juvenile delinquency cases, family-in-need-of-services cases, and dependency-neglect cases; (2) Provide training and technical assistance for elementary and secondary schools to: (A) Operate mediation programs in these schools for disputes involving children; and (B) Incorporate conflict resolution education into the curriculum; (3) Provide training and technical assistance for circuit courts to mediate juvenile delinquency and family-in-need-of-services cases as the courts deem appropriate; (4) Provide training and technical assistance for circuit courts to mediate dependency-neglect cases as the courts deem appropriate; (5) Offer law school courses and continuing education programs for lawyers and other professionals throughout Arkansas; (6) Hire personnel and expend funds as necessary and appropriate to carry out the program's goals; (7) Apply for and accept gifts or grants from any public or private source for use in maintaining and improving the operation of the program; and (8) Take other appropriate actions to carry out the program's goals. Acts 1999, No. 628, § 4

(a) (1) There is created a program that shall be called the "Arkansas Youth Mediation Program". (2) In the event funds are appropriated for this purpose, it shall be housed at and operated by the University of Arkansas at Little Rock William H. Bowen School of Law and the University of Arkansas at Fayetteville School of Law.

(1) There is created a program that shall be called the "Arkansas Youth Mediation Program".

(2) In the event funds are appropriated for this purpose, it shall be housed at and operated by the University of Arkansas at Little Rock William H. Bowen School of Law and the University of Arkansas at Fayetteville School of Law.

(b) The program shall have the authority and responsibility to: (1) Operate pilot projects offering mediation services for disputes in schools involving youth, juvenile delinquency cases, family-in-need-of-services cases, and dependency-neglect cases; (2) Provide training and technical assistance for elementary and secondary schools to: (A) Operate mediation programs in these schools for disputes involving children; and (B) Incorporate conflict resolution education into the curriculum; (3) Provide training and technical assistance for circuit courts to mediate juvenile delinquency and family-in-need-of-services cases as the courts deem appropriate; (4) Provide training and technical assistance for circuit courts to mediate dependency-neglect cases as the courts deem appropriate; (5) Offer law school courses and continuing education programs for lawyers and other professionals throughout Arkansas; (6) Hire personnel and expend funds as necessary and appropriate to carry out the program's goals; (7) Apply for and accept gifts or grants from any public or private source for use in maintaining and improving the operation of the program; and (8) Take other appropriate actions to carry out the program's goals.

(1) Operate pilot projects offering mediation services for disputes in schools involving youth, juvenile delinquency cases, family-in-need-of-services cases, and dependency-neglect cases;

(2) Provide training and technical assistance for elementary and secondary schools to: (A) Operate mediation programs in these schools for disputes involving children; and (B) Incorporate conflict resolution education into the curriculum;

(A) Operate mediation programs in these schools for disputes involving children; and

(B) Incorporate conflict resolution education into the curriculum;

(3) Provide training and technical assistance for circuit courts to mediate juvenile delinquency and family-in-need-of-services cases as the courts deem appropriate;

(4) Provide training and technical assistance for circuit courts to mediate dependency-neglect cases as the courts deem appropriate;

(5) Offer law school courses and continuing education programs for lawyers and other professionals throughout Arkansas;

(6) Hire personnel and expend funds as necessary and appropriate to carry out the program's goals;

(7) Apply for and accept gifts or grants from any public or private source for use in maintaining and improving the operation of the program; and

(8) Take other appropriate actions to carry out the program's goals.

Acts 1999, No. 628, § 4
Ark. Code Ann. § 9-33-204 — AR Code / Title 9 / Chapter 33 / Subchapter 2 / Section 9-33-204
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 9, eff. 8/16/2013 Acts 1997, No. 745, § 4; 1999, No. 1513, § 5

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

Acts 1997, No. 745, § 4; 1999, No. 1513, § 5
Ark. Code Ann. § 9-6-112 — AR Code / Title 9 / Chapter 6 / Section 9-6-112
Privileged communications made by victim of domestic violence - Definitions
Status: in_force

(a) As used in this section: (1) "Advocate for victims of domestic violence" means an employee, supervisor, administrator, or volunteer of a shelter or center for victims of domestic violence authorized and regulated under this chapter; (2) "Communication" means verbal, written, or electronic communications of any kind; (3) "Deviate sexual activity" means the same as defined in § 5-14-101 ; (4) "Domestic violence" means: (A) Physical harm, bodily harm causing injury, or an assault against a person caused by: (i) A family or household member; or (ii) Another person with whom a person is in a dating relationship; (B) Mental or emotional harm to a person caused by: (i) A family or household member; or (ii) Another person with whom a person is in a dating relationship; or (C) Sexual abuse against a person by another person; (5) "Mentally defective" means the same as defined in § 5-14-101 ; (6) "Mentally incapacitated" means the same as defined in § 5-14-101 ; (7) "Physically helpless" means the same as defined in § 5-14-101 ; (8) "Sexual abuse" means: (A) Sexual intercourse, deviate sexual activity, or sexual contact by means of forcible compulsion; or (B) Sexual intercourse, deviate sexual activity, or sexual contact with a person who is: (i) Physically helpless; (ii) Mentally incapacitated; (iii) Mentally defective; or (iv) Less than sixteen (16) years of age, if the age of the other person committing the sexual intercourse, deviate sexual activity, or sexual contact is twenty (20) years of age or older; (9) "Sexual contact" means the same as defined in § 5-14-101 ; (10) "Sexual intercourse" means the same as defined in § 5-14-101 ; (11) "Shelter or center for victims of domestic violence" means a domestic violence shelter that is authorized and regulated under this chapter; and (12) "Victim of domestic violence" means a person who has been subjected to domestic violence by another person and who has sought out an advocate for victims of domestic violence or a shelter or center for victims of domestic violence. (b) (1) Except as provided under subsection (e) of this section, communication between a victim of domestic violence and an advocate for victims of domestic violence is privileged and shall not be disclosed by the advocate for victims of domestic violence without the consent of the victim of domestic violence. (2) A victim of domestic violence or an advocate for victims of domestic violence may not be compelled to disclose the contents of any communication made to the advocate for victims of domestic violence by the victim of domestic violence. (c) The privilege under this section only applies when the communication was made to the advocate for victims of domestic violence while the victim of domestic violence was seeking or in the course of advocacy, help, refuge, treatment, housing, support, therapy, legal advice, counseling, medical advice, or any other assistance related to the domestic violence to which the victim of domestic violence was subjected. (d) The privilege under this section may be claimed by: (1) The victim of domestic violence, his or her attorney, or his or her parent or guardian if the victim of domestic violence is less than eighteen (18) years of age; and (2) An advocate for victims of domestic violence on behalf of the victim of domestic violence. (e) A communication privileged under this section may be disclosed if: (1) The communication is made to another person employed by or volunteering at a shelter or center for victims of domestic violence and the disclosure is for the purposes of furthering the advocacy process; or (2) A court compels disclosure after an in-camera hearing when the probative value of the evidence outweighs the effect on: (A) The victim of domestic violence; (B) The treatment relationship between the victim of domestic violence and the advocate for victims of domestic violence; and (C) Treatment services provided by a shelter or center for victims of domestic violence. (f) The privilege under this section is waived if: (1) The advocate for victims of domestic violence was a witness or a party to the incident that prompted the providing of assistance by the advocate for victims of domestic violence and the communication is required by law enforcement to investigate the incident; (2) The communication reveals the intended commission of a crime or harmful act and the disclosure is determined to be necessary by the advocate for victims of domestic violence to protect any person from a clear, imminent risk of serious mental or physical harm or injury or to forestall a serious threat to the public safety; or (3) The victim of domestic violence waives the privilege created under this section by voluntarily disclosing or consenting to disclosure of any significant part of the privileged communication. (g) A claim of privilege under this section is not defeated by a disclosure that was erroneously, unlawfully, or improperly compelled or made without opportunity to claim the privilege. Added by Act 2019, No. 499,§ 1, eff. 7/24/2019.

(a) As used in this section: (1) "Advocate for victims of domestic violence" means an employee, supervisor, administrator, or volunteer of a shelter or center for victims of domestic violence authorized and regulated under this chapter; (2) "Communication" means verbal, written, or electronic communications of any kind; (3) "Deviate sexual activity" means the same as defined in § 5-14-101 ; (4) "Domestic violence" means: (A) Physical harm, bodily harm causing injury, or an assault against a person caused by: (i) A family or household member; or (ii) Another person with whom a person is in a dating relationship; (B) Mental or emotional harm to a person caused by: (i) A family or household member; or (ii) Another person with whom a person is in a dating relationship; or (C) Sexual abuse against a person by another person; (5) "Mentally defective" means the same as defined in § 5-14-101 ; (6) "Mentally incapacitated" means the same as defined in § 5-14-101 ; (7) "Physically helpless" means the same as defined in § 5-14-101 ; (8) "Sexual abuse" means: (A) Sexual intercourse, deviate sexual activity, or sexual contact by means of forcible compulsion; or (B) Sexual intercourse, deviate sexual activity, or sexual contact with a person who is: (i) Physically helpless; (ii) Mentally incapacitated; (iii) Mentally defective; or (iv) Less than sixteen (16) years of age, if the age of the other person committing the sexual intercourse, deviate sexual activity, or sexual contact is twenty (20) years of age or older; (9) "Sexual contact" means the same as defined in § 5-14-101 ; (10) "Sexual intercourse" means the same as defined in § 5-14-101 ; (11) "Shelter or center for victims of domestic violence" means a domestic violence shelter that is authorized and regulated under this chapter; and (12) "Victim of domestic violence" means a person who has been subjected to domestic violence by another person and who has sought out an advocate for victims of domestic violence or a shelter or center for victims of domestic violence.

(1) "Advocate for victims of domestic violence" means an employee, supervisor, administrator, or volunteer of a shelter or center for victims of domestic violence authorized and regulated under this chapter;

(2) "Communication" means verbal, written, or electronic communications of any kind;

(3) "Deviate sexual activity" means the same as defined in § 5-14-101 ;

(4) "Domestic violence" means: (A) Physical harm, bodily harm causing injury, or an assault against a person caused by: (i) A family or household member; or (ii) Another person with whom a person is in a dating relationship; (B) Mental or emotional harm to a person caused by: (i) A family or household member; or (ii) Another person with whom a person is in a dating relationship; or (C) Sexual abuse against a person by another person;

(A) Physical harm, bodily harm causing injury, or an assault against a person caused by: (i) A family or household member; or (ii) Another person with whom a person is in a dating relationship;

(i) A family or household member; or

(ii) Another person with whom a person is in a dating relationship;

(B) Mental or emotional harm to a person caused by: (i) A family or household member; or (ii) Another person with whom a person is in a dating relationship; or

(i) A family or household member; or

(ii) Another person with whom a person is in a dating relationship; or

(C) Sexual abuse against a person by another person;

(5) "Mentally defective" means the same as defined in § 5-14-101 ;

(6) "Mentally incapacitated" means the same as defined in § 5-14-101 ;

(7) "Physically helpless" means the same as defined in § 5-14-101 ;

(8) "Sexual abuse" means: (A) Sexual intercourse, deviate sexual activity, or sexual contact by means of forcible compulsion; or (B) Sexual intercourse, deviate sexual activity, or sexual contact with a person who is: (i) Physically helpless; (ii) Mentally incapacitated; (iii) Mentally defective; or (iv) Less than sixteen (16) years of age, if the age of the other person committing the sexual intercourse, deviate sexual activity, or sexual contact is twenty (20) years of age or older;

(A) Sexual intercourse, deviate sexual activity, or sexual contact by means of forcible compulsion; or

(B) Sexual intercourse, deviate sexual activity, or sexual contact with a person who is: (i) Physically helpless; (ii) Mentally incapacitated; (iii) Mentally defective; or (iv) Less than sixteen (16) years of age, if the age of the other person committing the sexual intercourse, deviate sexual activity, or sexual contact is twenty (20) years of age or older;

(i) Physically helpless;

(ii) Mentally incapacitated;

(iii) Mentally defective; or

(iv) Less than sixteen (16) years of age, if the age of the other person committing the sexual intercourse, deviate sexual activity, or sexual contact is twenty (20) years of age or older;

(9) "Sexual contact" means the same as defined in § 5-14-101 ;

(10) "Sexual intercourse" means the same as defined in § 5-14-101 ;

(11) "Shelter or center for victims of domestic violence" means a domestic violence shelter that is authorized and regulated under this chapter; and

(12) "Victim of domestic violence" means a person who has been subjected to domestic violence by another person and who has sought out an advocate for victims of domestic violence or a shelter or center for victims of domestic violence.

(b) (1) Except as provided under subsection (e) of this section, communication between a victim of domestic violence and an advocate for victims of domestic violence is privileged and shall not be disclosed by the advocate for victims of domestic violence without the consent of the victim of domestic violence. (2) A victim of domestic violence or an advocate for victims of domestic violence may not be compelled to disclose the contents of any communication made to the advocate for victims of domestic violence by the victim of domestic violence.

(1) Except as provided under subsection (e) of this section, communication between a victim of domestic violence and an advocate for victims of domestic violence is privileged and shall not be disclosed by the advocate for victims of domestic violence without the consent of the victim of domestic violence.

(2) A victim of domestic violence or an advocate for victims of domestic violence may not be compelled to disclose the contents of any communication made to the advocate for victims of domestic violence by the victim of domestic violence.

(c) The privilege under this section only applies when the communication was made to the advocate for victims of domestic violence while the victim of domestic violence was seeking or in the course of advocacy, help, refuge, treatment, housing, support, therapy, legal advice, counseling, medical advice, or any other assistance related to the domestic violence to which the victim of domestic violence was subjected.

(d) The privilege under this section may be claimed by: (1) The victim of domestic violence, his or her attorney, or his or her parent or guardian if the victim of domestic violence is less than eighteen (18) years of age; and (2) An advocate for victims of domestic violence on behalf of the victim of domestic violence.

(1) The victim of domestic violence, his or her attorney, or his or her parent or guardian if the victim of domestic violence is less than eighteen (18) years of age; and

(2) An advocate for victims of domestic violence on behalf of the victim of domestic violence.

(e) A communication privileged under this section may be disclosed if: (1) The communication is made to another person employed by or volunteering at a shelter or center for victims of domestic violence and the disclosure is for the purposes of furthering the advocacy process; or (2) A court compels disclosure after an in-camera hearing when the probative value of the evidence outweighs the effect on: (A) The victim of domestic violence; (B) The treatment relationship between the victim of domestic violence and the advocate for victims of domestic violence; and (C) Treatment services provided by a shelter or center for victims of domestic violence.

(1) The communication is made to another person employed by or volunteering at a shelter or center for victims of domestic violence and the disclosure is for the purposes of furthering the advocacy process; or

(2) A court compels disclosure after an in-camera hearing when the probative value of the evidence outweighs the effect on: (A) The victim of domestic violence; (B) The treatment relationship between the victim of domestic violence and the advocate for victims of domestic violence; and (C) Treatment services provided by a shelter or center for victims of domestic violence.

(A) The victim of domestic violence;

(B) The treatment relationship between the victim of domestic violence and the advocate for victims of domestic violence; and

(C) Treatment services provided by a shelter or center for victims of domestic violence.

(f) The privilege under this section is waived if: (1) The advocate for victims of domestic violence was a witness or a party to the incident that prompted the providing of assistance by the advocate for victims of domestic violence and the communication is required by law enforcement to investigate the incident; (2) The communication reveals the intended commission of a crime or harmful act and the disclosure is determined to be necessary by the advocate for victims of domestic violence to protect any person from a clear, imminent risk of serious mental or physical harm or injury or to forestall a serious threat to the public safety; or (3) The victim of domestic violence waives the privilege created under this section by voluntarily disclosing or consenting to disclosure of any significant part of the privileged communication.

(1) The advocate for victims of domestic violence was a witness or a party to the incident that prompted the providing of assistance by the advocate for victims of domestic violence and the communication is required by law enforcement to investigate the incident;

(2) The communication reveals the intended commission of a crime or harmful act and the disclosure is determined to be necessary by the advocate for victims of domestic violence to protect any person from a clear, imminent risk of serious mental or physical harm or injury or to forestall a serious threat to the public safety; or

(3) The victim of domestic violence waives the privilege created under this section by voluntarily disclosing or consenting to disclosure of any significant part of the privileged communication.

(g) A claim of privilege under this section is not defeated by a disclosure that was erroneously, unlawfully, or improperly compelled or made without opportunity to claim the privilege.

Added by Act 2019, No. 499,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 9-9-212 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-212
Hearing on petition - Requirements
Status: in_force

(a) (1) Before any hearing on a petition, the period in which the relinquishment may be withdrawn under § 9-9-220 or in which consent may be withdrawn under § 9-9-209 , whichever is applicable, must have expired. (2) No orders of adoption, interlocutory or final, may be entered prior to the period for withdrawal. (3) After the filing of a petition to adopt a minor, the court shall fix a time and place for hearing the petition. (4) At least twenty (20) days before the date of hearing, notice of the filing of the petition and of the time and place of hearing shall be given by the petitioner to: (A) Any agency or person whose consent to the adoption is required by this subchapter but who has not consented; (B) A person whose consent is dispensed with upon any ground mentioned in § 9-9-207(a)(1), (2), (6), (8), and (9) ; and (C) Any putative father who has signed an acknowledgement of paternity or has registered with the state's Putative Father Registry. (5) (A) When the petitioner alleges that any person entitled to notice cannot be located, the court shall appoint an attorney ad litem who shall make a reasonable effort to locate and serve notice upon the person entitled to notice; and upon failing to so serve actual notice, the attorney ad litem shall publish a notice of the hearing directed to the person entitled to notice in a newspaper having general circulation in the county one (1) time a week for four (4) weeks, the last publication being at least seven (7) days prior to the hearing. (B) Before the hearing, the attorney ad litem shall file a proof of publication and an affidavit reciting the efforts made to locate and serve actual notice upon the person entitled to notice. (b) (1) (A) Before placement of the child in the home of the petitioner, a home study shall be conducted by any child welfare agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or any licensed certified social worker. (B) Home studies on non-Arkansas residents may also be conducted by a person or agency in the same state as the person wishing to adopt as long as the person or agency is authorized under the law of that state to conduct home studies for adoptive purposes. (2) The Department of Human Services shall not be ordered by any court to conduct an adoptive home study, unless: (A) (i) The court has first determined the responsible party to be indigent; or (ii) The child to be adopted is the subject of an open dependency-neglect case and the goal of the case is adoption; and (B) The person to be studied lives in the State of Arkansas. (3) All home studies shall be prepared and submitted in conformity with the rules promulgated pursuant to the Child Welfare Agency Licensing Act, § 9-28-401 et seq. (4) (A) The home study shall address whether the adoptive home is a suitable home and shall include a recommendation as to the approval of the petitioner as an adoptive parent. (B) A written report of the home study shall be filed with the court before the petition is heard. (C) The home study shall contain an evaluation of the prospective adoption with a recommendation as to the granting of the petition for adoption and any other information the court requires regarding the petitioner or minor. (5) (A) The home study shall include a state-of-residence criminal background check, if available, and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation on the adoptive parents and all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care. (B) If a prospective adoptive parent has lived in a state for at least six (6) years immediately prior to adoption, then only a state-of-residence criminal background check shall be required. (C) If the Department of Human Services has responsibility for placement and care of the child to be adopted, the home study shall include a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation on the prospective adoptive parents and all household members eighteen and one-half (181/2) years of age or older, excluding children in foster care. (D) Upon request by the Department of Human Services, local law enforcement shall provide the Department of Human Services with local criminal background information on the prospective adoptive parents and all household members eighteen and one-half (181/2) years of age and older who have applied to be an adoptive family. (6) A Child Maltreatment Central Registry check shall be required for all household members age fourteen (14) and older, excluding children in foster care, as a part of the home study, if such a registry is available in their state of residence. (7) Additional national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation are not required for international adoptions as they are already a part of the requirements for adoption of the United States Citizenship and Immigration Services. (8) Each prospective adoptive parent shall be responsible for payment of the costs of the criminal background checks, both the in-state check and the Federal Bureau of Investigation check if applicable, and shall be required to cooperate with the requirements of the Division of Arkansas State Police and the Child Maltreatment Central Registry, if available, with regard to the criminal and central registry background checks, including, but not limited to, signing a release of information. (9) (A) Upon completion of the criminal record checks, the Division of Arkansas State Police shall forward all information obtained to either the Department of Human Services, if it is conducting the home study, or to the court in which the adoption petition will be filed. (B) The Division of Arkansas State Police shall forward all information obtained from the national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation to either the Department of Human Services, if it is doing the home study, or to the court in which the adoption petition will be filed. (C) The circuit clerk of the county where the petition for adoption has been or will be filed shall: (i) Keep a record of the national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation for the court; (ii) Permit only the court and the employees of the clerk's office with an official reason to view the information in the national fingerprint-based criminal background check; (iii) Not permit anyone to obtain a copy of the national fingerprint-based criminal background check; and (iv) Permit a person specifically ordered by the court to view the information in the national fingerprint-based criminal background check. (D) (i) The Department of Human Services shall share the information obtained from the criminal records check and the national fingerprint-based criminal background checks only with employees of the Department of Human Services who have an official business reason to see the information. (ii) Unless specifically ordered to do so by the court, the Department of Human Services shall not share the information obtained from the criminal records check and the national fingerprint-based criminal background checks with persons not employed by the Department of Human Services. (c) Unless directed by the court, a home study is not required if: (1) The person to be adopted is an adult; (2) The petitioner is a stepparent; (3) The petitioner and the child to be adopted are related to each other within the third degree of consanguinity; or (4) (A) The petitioner has had a guardianship of the person over the proposed adoptee for a period of no less than one (1) year immediately prior to the date the petition for adoption is filed. (B) The one-year period in subdivision (c)(4)(A) of this section shall not include any time that the petitioner was a temporary guardian or emergency guardian of the person to be adopted. (d) (1) After the filing of a petition to adopt an adult, the court by order shall direct that a copy of the petition and a notice of the time and place of the hearing be given to any person whose consent to the adoption is required but who has not consented. (2) The court may order a home study to assist it in determining whether the adoption is in the best interest of the persons involved. (3) The Department of Human Services shall not be ordered by any court to conduct a home study unless: (A) (i) The court has first determined the responsible party to be indigent; or (ii) The person to be adopted is the subject of an open dependency-neglect case and the goal of the case is adoption; and (B) The person to be studied lives in the State of Arkansas. (4) All home studies shall be prepared and submitted in conformity with the rules promulgated pursuant to the Child Welfare Agency Licensing Act, § 9-28-401 et seq. (e) (1) Notice shall be given in the manner appropriate under rules of civil procedure for the service of process in a civil action in this state or in any manner the court by order directs. (2) Proof of the giving of the notice shall be filed with the court before the petition is heard. (3) Where consent is not required, notice may be by certified mail with return receipt requested. (f) When one (1) parent of a child or children is deceased, and the parent-child relationship has not been eliminated at the time of death, and adoption proceedings are instituted subsequent to such decease, the parents of the deceased parent shall be notified under the procedures prescribed in this subchapter of such adoption proceedings, except when the surviving parent-child relationship has been terminated pursuant to § 9-27-341 . (g) (1) (A) Except as provided under subdivision (g)(2) of this section, before placement for adoption, the licensed adoption agency or, when an agency is not involved, the person, entity, or organization handling the adoption shall compile and provide to the prospective adoptive parents a detailed, written health history and genetic and social history of the child that may exclude information that would identify birth parents or members of a birth parent's family. (B) The detailed, written health history and genetic and social history shall be set forth in a document that is separate from any document containing information identifying the birth parents or members of a birth parent's family. (C) The detailed, written health history and genetic and social history shall be clearly identified and shall be filed with the clerk before the entry of the adoption decree. (D) Upon order of the court for good cause shown, the clerk may tender to a person identified by the court a copy of the detailed, written health history and genetic and social history. (2) Unless directed by the court, a detailed, written health history and genetic and social history of the child is not required if: (A) The person to be adopted is an adult; (B) The petitioner is a stepparent; (C) The petitioner and the child to be adopted are related to each other within the third degree of consanguinity; or (D) (i) The petitioner has had a guardianship of the person over the proposed adoptee for a period of no less than one (1) year immediately prior to the date the petition for adoption is filed. (ii) The one-year period in subdivision (g)(2)(D)(i) of this section shall not include any time that the petitioner was a temporary guardian or emergency guardian of the person to be adopted. Amended by Act 2023, No. 639,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 326,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 326,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 707, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 706, eff. 7/24/2019. Amended by Act 2015, No. 547,§ 1, eff. 7/22/2015 Amended by Act 2013, No. 471,§ 1, eff. 8/16/2013 Acts 1977, No. 735, § 12; 1979, No. 599, §§ 3, 4; 1983, No. 324, § 1; 1985, No. 445, §§ 1, 2; A.S.A. 1947, § 56-212; Acts 1991, No. 774, § 3; 1991, No. 1214, § 1; 1993, No. 1204, § 1; 1995, No. 1067, § 1; 1997, No. 1106, § 1; 2003, No. 650, § 3; 2005, No. 437, § 4; 2005, No. 1689, § 1; 2007, No. 539, § 4; 2009, No. 724, § 1; 2011, No. 1235, § 1

(a) (1) Before any hearing on a petition, the period in which the relinquishment may be withdrawn under § 9-9-220 or in which consent may be withdrawn under § 9-9-209 , whichever is applicable, must have expired. (2) No orders of adoption, interlocutory or final, may be entered prior to the period for withdrawal. (3) After the filing of a petition to adopt a minor, the court shall fix a time and place for hearing the petition. (4) At least twenty (20) days before the date of hearing, notice of the filing of the petition and of the time and place of hearing shall be given by the petitioner to: (A) Any agency or person whose consent to the adoption is required by this subchapter but who has not consented; (B) A person whose consent is dispensed with upon any ground mentioned in § 9-9-207(a)(1), (2), (6), (8), and (9) ; and (C) Any putative father who has signed an acknowledgement of paternity or has registered with the state's Putative Father Registry. (5) (A) When the petitioner alleges that any person entitled to notice cannot be located, the court shall appoint an attorney ad litem who shall make a reasonable effort to locate and serve notice upon the person entitled to notice; and upon failing to so serve actual notice, the attorney ad litem shall publish a notice of the hearing directed to the person entitled to notice in a newspaper having general circulation in the county one (1) time a week for four (4) weeks, the last publication being at least seven (7) days prior to the hearing. (B) Before the hearing, the attorney ad litem shall file a proof of publication and an affidavit reciting the efforts made to locate and serve actual notice upon the person entitled to notice.

(1) Before any hearing on a petition, the period in which the relinquishment may be withdrawn under § 9-9-220 or in which consent may be withdrawn under § 9-9-209 , whichever is applicable, must have expired.

(2) No orders of adoption, interlocutory or final, may be entered prior to the period for withdrawal.

(3) After the filing of a petition to adopt a minor, the court shall fix a time and place for hearing the petition.

(4) At least twenty (20) days before the date of hearing, notice of the filing of the petition and of the time and place of hearing shall be given by the petitioner to: (A) Any agency or person whose consent to the adoption is required by this subchapter but who has not consented; (B) A person whose consent is dispensed with upon any ground mentioned in § 9-9-207(a)(1), (2), (6), (8), and (9) ; and (C) Any putative father who has signed an acknowledgement of paternity or has registered with the state's Putative Father Registry.

(A) Any agency or person whose consent to the adoption is required by this subchapter but who has not consented;

(B) A person whose consent is dispensed with upon any ground mentioned in § 9-9-207(a)(1), (2), (6), (8), and (9) ; and

(C) Any putative father who has signed an acknowledgement of paternity or has registered with the state's Putative Father Registry.

(5) (A) When the petitioner alleges that any person entitled to notice cannot be located, the court shall appoint an attorney ad litem who shall make a reasonable effort to locate and serve notice upon the person entitled to notice; and upon failing to so serve actual notice, the attorney ad litem shall publish a notice of the hearing directed to the person entitled to notice in a newspaper having general circulation in the county one (1) time a week for four (4) weeks, the last publication being at least seven (7) days prior to the hearing. (B) Before the hearing, the attorney ad litem shall file a proof of publication and an affidavit reciting the efforts made to locate and serve actual notice upon the person entitled to notice.

(A) When the petitioner alleges that any person entitled to notice cannot be located, the court shall appoint an attorney ad litem who shall make a reasonable effort to locate and serve notice upon the person entitled to notice; and upon failing to so serve actual notice, the attorney ad litem shall publish a notice of the hearing directed to the person entitled to notice in a newspaper having general circulation in the county one (1) time a week for four (4) weeks, the last publication being at least seven (7) days prior to the hearing.

(B) Before the hearing, the attorney ad litem shall file a proof of publication and an affidavit reciting the efforts made to locate and serve actual notice upon the person entitled to notice.

(b) (1) (A) Before placement of the child in the home of the petitioner, a home study shall be conducted by any child welfare agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or any licensed certified social worker. (B) Home studies on non-Arkansas residents may also be conducted by a person or agency in the same state as the person wishing to adopt as long as the person or agency is authorized under the law of that state to conduct home studies for adoptive purposes. (2) The Department of Human Services shall not be ordered by any court to conduct an adoptive home study, unless: (A) (i) The court has first determined the responsible party to be indigent; or (ii) The child to be adopted is the subject of an open dependency-neglect case and the goal of the case is adoption; and (B) The person to be studied lives in the State of Arkansas. (3) All home studies shall be prepared and submitted in conformity with the rules promulgated pursuant to the Child Welfare Agency Licensing Act, § 9-28-401 et seq. (4) (A) The home study shall address whether the adoptive home is a suitable home and shall include a recommendation as to the approval of the petitioner as an adoptive parent. (B) A written report of the home study shall be filed with the court before the petition is heard. (C) The home study shall contain an evaluation of the prospective adoption with a recommendation as to the granting of the petition for adoption and any other information the court requires regarding the petitioner or minor. (5) (A) The home study shall include a state-of-residence criminal background check, if available, and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation on the adoptive parents and all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care. (B) If a prospective adoptive parent has lived in a state for at least six (6) years immediately prior to adoption, then only a state-of-residence criminal background check shall be required. (C) If the Department of Human Services has responsibility for placement and care of the child to be adopted, the home study shall include a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation on the prospective adoptive parents and all household members eighteen and one-half (181/2) years of age or older, excluding children in foster care. (D) Upon request by the Department of Human Services, local law enforcement shall provide the Department of Human Services with local criminal background information on the prospective adoptive parents and all household members eighteen and one-half (181/2) years of age and older who have applied to be an adoptive family. (6) A Child Maltreatment Central Registry check shall be required for all household members age fourteen (14) and older, excluding children in foster care, as a part of the home study, if such a registry is available in their state of residence. (7) Additional national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation are not required for international adoptions as they are already a part of the requirements for adoption of the United States Citizenship and Immigration Services. (8) Each prospective adoptive parent shall be responsible for payment of the costs of the criminal background checks, both the in-state check and the Federal Bureau of Investigation check if applicable, and shall be required to cooperate with the requirements of the Division of Arkansas State Police and the Child Maltreatment Central Registry, if available, with regard to the criminal and central registry background checks, including, but not limited to, signing a release of information. (9) (A) Upon completion of the criminal record checks, the Division of Arkansas State Police shall forward all information obtained to either the Department of Human Services, if it is conducting the home study, or to the court in which the adoption petition will be filed. (B) The Division of Arkansas State Police shall forward all information obtained from the national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation to either the Department of Human Services, if it is doing the home study, or to the court in which the adoption petition will be filed. (C) The circuit clerk of the county where the petition for adoption has been or will be filed shall: (i) Keep a record of the national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation for the court; (ii) Permit only the court and the employees of the clerk's office with an official reason to view the information in the national fingerprint-based criminal background check; (iii) Not permit anyone to obtain a copy of the national fingerprint-based criminal background check; and (iv) Permit a person specifically ordered by the court to view the information in the national fingerprint-based criminal background check. (D) (i) The Department of Human Services shall share the information obtained from the criminal records check and the national fingerprint-based criminal background checks only with employees of the Department of Human Services who have an official business reason to see the information. (ii) Unless specifically ordered to do so by the court, the Department of Human Services shall not share the information obtained from the criminal records check and the national fingerprint-based criminal background checks with persons not employed by the Department of Human Services.

(1) (A) Before placement of the child in the home of the petitioner, a home study shall be conducted by any child welfare agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or any licensed certified social worker. (B) Home studies on non-Arkansas residents may also be conducted by a person or agency in the same state as the person wishing to adopt as long as the person or agency is authorized under the law of that state to conduct home studies for adoptive purposes.

(A) Before placement of the child in the home of the petitioner, a home study shall be conducted by any child welfare agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or any licensed certified social worker.

(B) Home studies on non-Arkansas residents may also be conducted by a person or agency in the same state as the person wishing to adopt as long as the person or agency is authorized under the law of that state to conduct home studies for adoptive purposes.

(2) The Department of Human Services shall not be ordered by any court to conduct an adoptive home study, unless: (A) (i) The court has first determined the responsible party to be indigent; or (ii) The child to be adopted is the subject of an open dependency-neglect case and the goal of the case is adoption; and (B) The person to be studied lives in the State of Arkansas.

(A) (i) The court has first determined the responsible party to be indigent; or (ii) The child to be adopted is the subject of an open dependency-neglect case and the goal of the case is adoption; and

(i) The court has first determined the responsible party to be indigent; or

(ii) The child to be adopted is the subject of an open dependency-neglect case and the goal of the case is adoption; and

(B) The person to be studied lives in the State of Arkansas.

(3) All home studies shall be prepared and submitted in conformity with the rules promulgated pursuant to the Child Welfare Agency Licensing Act, § 9-28-401 et seq.

(4) (A) The home study shall address whether the adoptive home is a suitable home and shall include a recommendation as to the approval of the petitioner as an adoptive parent. (B) A written report of the home study shall be filed with the court before the petition is heard. (C) The home study shall contain an evaluation of the prospective adoption with a recommendation as to the granting of the petition for adoption and any other information the court requires regarding the petitioner or minor.

(A) The home study shall address whether the adoptive home is a suitable home and shall include a recommendation as to the approval of the petitioner as an adoptive parent.

(B) A written report of the home study shall be filed with the court before the petition is heard.

(C) The home study shall contain an evaluation of the prospective adoption with a recommendation as to the granting of the petition for adoption and any other information the court requires regarding the petitioner or minor.

(5) (A) The home study shall include a state-of-residence criminal background check, if available, and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation on the adoptive parents and all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care. (B) If a prospective adoptive parent has lived in a state for at least six (6) years immediately prior to adoption, then only a state-of-residence criminal background check shall be required. (C) If the Department of Human Services has responsibility for placement and care of the child to be adopted, the home study shall include a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation on the prospective adoptive parents and all household members eighteen and one-half (181/2) years of age or older, excluding children in foster care. (D) Upon request by the Department of Human Services, local law enforcement shall provide the Department of Human Services with local criminal background information on the prospective adoptive parents and all household members eighteen and one-half (181/2) years of age and older who have applied to be an adoptive family.

(A) The home study shall include a state-of-residence criminal background check, if available, and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation on the adoptive parents and all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care.

(B) If a prospective adoptive parent has lived in a state for at least six (6) years immediately prior to adoption, then only a state-of-residence criminal background check shall be required.

(C) If the Department of Human Services has responsibility for placement and care of the child to be adopted, the home study shall include a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation on the prospective adoptive parents and all household members eighteen and one-half (181/2) years of age or older, excluding children in foster care.

(D) Upon request by the Department of Human Services, local law enforcement shall provide the Department of Human Services with local criminal background information on the prospective adoptive parents and all household members eighteen and one-half (181/2) years of age and older who have applied to be an adoptive family.

(6) A Child Maltreatment Central Registry check shall be required for all household members age fourteen (14) and older, excluding children in foster care, as a part of the home study, if such a registry is available in their state of residence.

(7) Additional national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation are not required for international adoptions as they are already a part of the requirements for adoption of the United States Citizenship and Immigration Services.

(8) Each prospective adoptive parent shall be responsible for payment of the costs of the criminal background checks, both the in-state check and the Federal Bureau of Investigation check if applicable, and shall be required to cooperate with the requirements of the Division of Arkansas State Police and the Child Maltreatment Central Registry, if available, with regard to the criminal and central registry background checks, including, but not limited to, signing a release of information.

(9) (A) Upon completion of the criminal record checks, the Division of Arkansas State Police shall forward all information obtained to either the Department of Human Services, if it is conducting the home study, or to the court in which the adoption petition will be filed. (B) The Division of Arkansas State Police shall forward all information obtained from the national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation to either the Department of Human Services, if it is doing the home study, or to the court in which the adoption petition will be filed. (C) The circuit clerk of the county where the petition for adoption has been or will be filed shall: (i) Keep a record of the national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation for the court; (ii) Permit only the court and the employees of the clerk's office with an official reason to view the information in the national fingerprint-based criminal background check; (iii) Not permit anyone to obtain a copy of the national fingerprint-based criminal background check; and (iv) Permit a person specifically ordered by the court to view the information in the national fingerprint-based criminal background check. (D) (i) The Department of Human Services shall share the information obtained from the criminal records check and the national fingerprint-based criminal background checks only with employees of the Department of Human Services who have an official business reason to see the information. (ii) Unless specifically ordered to do so by the court, the Department of Human Services shall not share the information obtained from the criminal records check and the national fingerprint-based criminal background checks with persons not employed by the Department of Human Services.

(A) Upon completion of the criminal record checks, the Division of Arkansas State Police shall forward all information obtained to either the Department of Human Services, if it is conducting the home study, or to the court in which the adoption petition will be filed.

(B) The Division of Arkansas State Police shall forward all information obtained from the national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation to either the Department of Human Services, if it is doing the home study, or to the court in which the adoption petition will be filed.

(C) The circuit clerk of the county where the petition for adoption has been or will be filed shall: (i) Keep a record of the national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation for the court; (ii) Permit only the court and the employees of the clerk's office with an official reason to view the information in the national fingerprint-based criminal background check; (iii) Not permit anyone to obtain a copy of the national fingerprint-based criminal background check; and (iv) Permit a person specifically ordered by the court to view the information in the national fingerprint-based criminal background check.

(i) Keep a record of the national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation for the court;

(ii) Permit only the court and the employees of the clerk's office with an official reason to view the information in the national fingerprint-based criminal background check;

(iii) Not permit anyone to obtain a copy of the national fingerprint-based criminal background check; and

(iv) Permit a person specifically ordered by the court to view the information in the national fingerprint-based criminal background check.

(D) (i) The Department of Human Services shall share the information obtained from the criminal records check and the national fingerprint-based criminal background checks only with employees of the Department of Human Services who have an official business reason to see the information. (ii) Unless specifically ordered to do so by the court, the Department of Human Services shall not share the information obtained from the criminal records check and the national fingerprint-based criminal background checks with persons not employed by the Department of Human Services.

(i) The Department of Human Services shall share the information obtained from the criminal records check and the national fingerprint-based criminal background checks only with employees of the Department of Human Services who have an official business reason to see the information.

(ii) Unless specifically ordered to do so by the court, the Department of Human Services shall not share the information obtained from the criminal records check and the national fingerprint-based criminal background checks with persons not employed by the Department of Human Services.

(c) Unless directed by the court, a home study is not required if: (1) The person to be adopted is an adult; (2) The petitioner is a stepparent; (3) The petitioner and the child to be adopted are related to each other within the third degree of consanguinity; or (4) (A) The petitioner has had a guardianship of the person over the proposed adoptee for a period of no less than one (1) year immediately prior to the date the petition for adoption is filed. (B) The one-year period in subdivision (c)(4)(A) of this section shall not include any time that the petitioner was a temporary guardian or emergency guardian of the person to be adopted.

(1) The person to be adopted is an adult;

(2) The petitioner is a stepparent;

(3) The petitioner and the child to be adopted are related to each other within the third degree of consanguinity; or

(4) (A) The petitioner has had a guardianship of the person over the proposed adoptee for a period of no less than one (1) year immediately prior to the date the petition for adoption is filed. (B) The one-year period in subdivision (c)(4)(A) of this section shall not include any time that the petitioner was a temporary guardian or emergency guardian of the person to be adopted.

(A) The petitioner has had a guardianship of the person over the proposed adoptee for a period of no less than one (1) year immediately prior to the date the petition for adoption is filed.

(B) The one-year period in subdivision (c)(4)(A) of this section shall not include any time that the petitioner was a temporary guardian or emergency guardian of the person to be adopted.

(d) (1) After the filing of a petition to adopt an adult, the court by order shall direct that a copy of the petition and a notice of the time and place of the hearing be given to any person whose consent to the adoption is required but who has not consented. (2) The court may order a home study to assist it in determining whether the adoption is in the best interest of the persons involved. (3) The Department of Human Services shall not be ordered by any court to conduct a home study unless: (A) (i) The court has first determined the responsible party to be indigent; or (ii) The person to be adopted is the subject of an open dependency-neglect case and the goal of the case is adoption; and (B) The person to be studied lives in the State of Arkansas. (4) All home studies shall be prepared and submitted in conformity with the rules promulgated pursuant to the Child Welfare Agency Licensing Act, § 9-28-401 et seq.

(1) After the filing of a petition to adopt an adult, the court by order shall direct that a copy of the petition and a notice of the time and place of the hearing be given to any person whose consent to the adoption is required but who has not consented.

(2) The court may order a home study to assist it in determining whether the adoption is in the best interest of the persons involved.

(3) The Department of Human Services shall not be ordered by any court to conduct a home study unless: (A) (i) The court has first determined the responsible party to be indigent; or (ii) The person to be adopted is the subject of an open dependency-neglect case and the goal of the case is adoption; and (B) The person to be studied lives in the State of Arkansas.

(A) (i) The court has first determined the responsible party to be indigent; or (ii) The person to be adopted is the subject of an open dependency-neglect case and the goal of the case is adoption; and

(i) The court has first determined the responsible party to be indigent; or

(ii) The person to be adopted is the subject of an open dependency-neglect case and the goal of the case is adoption; and

(B) The person to be studied lives in the State of Arkansas.

(4) All home studies shall be prepared and submitted in conformity with the rules promulgated pursuant to the Child Welfare Agency Licensing Act, § 9-28-401 et seq.

(e) (1) Notice shall be given in the manner appropriate under rules of civil procedure for the service of process in a civil action in this state or in any manner the court by order directs. (2) Proof of the giving of the notice shall be filed with the court before the petition is heard. (3) Where consent is not required, notice may be by certified mail with return receipt requested.

(1) Notice shall be given in the manner appropriate under rules of civil procedure for the service of process in a civil action in this state or in any manner the court by order directs.

(2) Proof of the giving of the notice shall be filed with the court before the petition is heard.

(3) Where consent is not required, notice may be by certified mail with return receipt requested.

(f) When one (1) parent of a child or children is deceased, and the parent-child relationship has not been eliminated at the time of death, and adoption proceedings are instituted subsequent to such decease, the parents of the deceased parent shall be notified under the procedures prescribed in this subchapter of such adoption proceedings, except when the surviving parent-child relationship has been terminated pursuant to § 9-27-341 .

(g) (1) (A) Except as provided under subdivision (g)(2) of this section, before placement for adoption, the licensed adoption agency or, when an agency is not involved, the person, entity, or organization handling the adoption shall compile and provide to the prospective adoptive parents a detailed, written health history and genetic and social history of the child that may exclude information that would identify birth parents or members of a birth parent's family. (B) The detailed, written health history and genetic and social history shall be set forth in a document that is separate from any document containing information identifying the birth parents or members of a birth parent's family. (C) The detailed, written health history and genetic and social history shall be clearly identified and shall be filed with the clerk before the entry of the adoption decree. (D) Upon order of the court for good cause shown, the clerk may tender to a person identified by the court a copy of the detailed, written health history and genetic and social history. (2) Unless directed by the court, a detailed, written health history and genetic and social history of the child is not required if: (A) The person to be adopted is an adult; (B) The petitioner is a stepparent; (C) The petitioner and the child to be adopted are related to each other within the third degree of consanguinity; or (D) (i) The petitioner has had a guardianship of the person over the proposed adoptee for a period of no less than one (1) year immediately prior to the date the petition for adoption is filed. (ii) The one-year period in subdivision (g)(2)(D)(i) of this section shall not include any time that the petitioner was a temporary guardian or emergency guardian of the person to be adopted.

(1) (A) Except as provided under subdivision (g)(2) of this section, before placement for adoption, the licensed adoption agency or, when an agency is not involved, the person, entity, or organization handling the adoption shall compile and provide to the prospective adoptive parents a detailed, written health history and genetic and social history of the child that may exclude information that would identify birth parents or members of a birth parent's family. (B) The detailed, written health history and genetic and social history shall be set forth in a document that is separate from any document containing information identifying the birth parents or members of a birth parent's family. (C) The detailed, written health history and genetic and social history shall be clearly identified and shall be filed with the clerk before the entry of the adoption decree. (D) Upon order of the court for good cause shown, the clerk may tender to a person identified by the court a copy of the detailed, written health history and genetic and social history.

(A) Except as provided under subdivision (g)(2) of this section, before placement for adoption, the licensed adoption agency or, when an agency is not involved, the person, entity, or organization handling the adoption shall compile and provide to the prospective adoptive parents a detailed, written health history and genetic and social history of the child that may exclude information that would identify birth parents or members of a birth parent's family.

(B) The detailed, written health history and genetic and social history shall be set forth in a document that is separate from any document containing information identifying the birth parents or members of a birth parent's family.

(C) The detailed, written health history and genetic and social history shall be clearly identified and shall be filed with the clerk before the entry of the adoption decree.

(D) Upon order of the court for good cause shown, the clerk may tender to a person identified by the court a copy of the detailed, written health history and genetic and social history.

(2) Unless directed by the court, a detailed, written health history and genetic and social history of the child is not required if: (A) The person to be adopted is an adult; (B) The petitioner is a stepparent; (C) The petitioner and the child to be adopted are related to each other within the third degree of consanguinity; or (D) (i) The petitioner has had a guardianship of the person over the proposed adoptee for a period of no less than one (1) year immediately prior to the date the petition for adoption is filed. (ii) The one-year period in subdivision (g)(2)(D)(i) of this section shall not include any time that the petitioner was a temporary guardian or emergency guardian of the person to be adopted.

(A) The person to be adopted is an adult;

(B) The petitioner is a stepparent;

(C) The petitioner and the child to be adopted are related to each other within the third degree of consanguinity; or

(D) (i) The petitioner has had a guardianship of the person over the proposed adoptee for a period of no less than one (1) year immediately prior to the date the petition for adoption is filed. (ii) The one-year period in subdivision (g)(2)(D)(i) of this section shall not include any time that the petitioner was a temporary guardian or emergency guardian of the person to be adopted.

(i) The petitioner has had a guardianship of the person over the proposed adoptee for a period of no less than one (1) year immediately prior to the date the petition for adoption is filed.

(ii) The one-year period in subdivision (g)(2)(D)(i) of this section shall not include any time that the petitioner was a temporary guardian or emergency guardian of the person to be adopted.

Amended by Act 2023, No. 639,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 326,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 326,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 707, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 706, eff. 7/24/2019.

Amended by Act 2015, No. 547,§ 1, eff. 7/22/2015

Amended by Act 2013, No. 471,§ 1, eff. 8/16/2013

Acts 1977, No. 735, § 12; 1979, No. 599, §§ 3, 4; 1983, No. 324, § 1; 1985, No. 445, §§ 1, 2; A.S.A. 1947, § 56-212; Acts 1991, No. 774, § 3; 1991, No. 1214, § 1; 1993, No. 1204, § 1; 1995, No. 1067, § 1; 1997, No. 1106, § 1; 2003, No. 650, § 3; 2005, No. 437, § 4; 2005, No. 1689, § 1; 2007, No. 539, § 4; 2009, No. 724, § 1; 2011, No. 1235, § 1
Ark. Code Ann. § 9-27-313 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-313
Taking into custody
Status: in_force

(a) (1) A juvenile only may be taken into custody without a warrant before service upon him or her of a petition and notice of hearing or order to appear as set out under § 9-27-312 : (A) Pursuant to an order of the circuit court under this subchapter; (B) By a law enforcement officer without a warrant under circumstances as set forth in Rule 4.1 of the Arkansas Rules of Criminal Procedure; or (C) By a designated person under § 12-18-1001 et seq. (2) When any juvenile is taken into custody without a warrant, the officer taking the juvenile into custody shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location. (b) (1) When any juvenile is taken into custody pursuant to a warrant, the officer taking the juvenile into custody shall immediately take the juvenile before the judge of the division of circuit court out of which the warrant was issued and make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location. (2) The judge shall decide whether the juvenile should be tried as a delinquent or a criminal defendant pursuant to § 9-27-318 . (c) When a juvenile is taken into protective custody under § 12-18-1001 , the person exercising protective custody shall: (1) (A) Notify the Department of Human Services and make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location. (B) The notification to the custodial parent, noncustodial parent, guardian, or custodian of the juvenile shall be in writing and shall include a notice: (i) That the juvenile has been taken into foster care; (ii) Of the name, location, and phone number of the person at the department whom the custodial parent, noncustodial parent, guardian, or custodian of the juvenile can contact about the juvenile; (iii) Of the rights of the juvenile and the rights of the custodial parent, noncustodial parent, guardian, or custodian of the juvenile to receive a copy of any petition filed under this subchapter; (iv) Of the location and telephone number of the court; and (v) Of the procedure for obtaining a hearing; or (2) Return the juvenile to his or her home. (d) (1) (A) A law enforcement officer shall take a juvenile to detention, immediately make every effort to notify the custodial parent, guardian, or custodian of the juvenile's location, and notify the juvenile intake officer within twenty-four (24) hours so that a petition may be filed if a juvenile is taken into custody for: (i) Unlawful possession of a handgun, § 5-73-119(a)(1) ; (ii) Possession of a handgun on school property, § 5-73-119(b)(1) ; (iii) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (iv) Any felony committed while armed with a firearm; or (v) Criminal use of prohibited weapons, § 5-73-104 . (B) The authority of a juvenile intake officer to make a detention decision pursuant to § 9-27-322 shall not apply when a juvenile is detained pursuant to subdivision (d)(1)(A) of this section. (C) A detention hearing shall be held by the court pursuant to § 9-27-326 within seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day. (2) If a juvenile is taken into custody for an act that would be a felony if committed by an adult, other than a felony listed in subdivision (d)(1)(A) of this section, the law enforcement officer shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location and may: (A) (i) Take the juvenile to detention. (ii) The intake officer shall be notified immediately to make a detention decision pursuant to § 9-27-322 within twenty-four (24) hours of the time the juvenile was first taken into custody, and the prosecuting attorney shall be notified within twenty-four (24) hours. (iii) If the juvenile remains in detention, a detention hearing shall be held no later than seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day; (B) Pursuant to the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the court and release the juvenile and within twenty-four (24) hours notify the juvenile intake officer and the prosecuting attorney so that a petition may be filed under this subchapter; or (C) Return the juvenile to his or her home. (3) If a juvenile is taken into custody for an act that would be a misdemeanor if committed by an adult, the law enforcement officer shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location and may: (A) Notify the juvenile intake officer, who shall make a detention decision pursuant to § 9-27-322 ; (B) Pursuant to the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the circuit court and release the juvenile and notify the juvenile intake officer and the prosecuting attorney within twenty-four (24) hours so that a petition may be filed under this subchapter; or (C) Return the juvenile to his or her home. (4) (A) In all instances when a juvenile may be detained, the juvenile may be held in a juvenile detention facility or a seventy-two-hour holdover if a bed is available in the facility or holdover. (B) If not, an adult jail or lock-up may be used, as provided by § 9-27-336 . (5) In all instances when a juvenile may be detained, the intake officer shall immediately make every effort possible to notify the juvenile's custodial parent, guardian, or custodian. (e) When a law enforcement officer takes custody of a juvenile under this subchapter for reasons other than those specified in subsection (c) of this section concerning dependent-neglected juveniles or subsection (d) of this section concerning delinquency, he or she shall: (1) (A) (i) Take the juvenile to shelter care, notify the department and the intake officer of the court, and immediately make every possible effort to notify the custodial parent, guardian, or custodian of the juvenile's location. (ii) The notification to parents shall be in writing and shall include a notice of the location of the juvenile, of the juvenile's and parents' rights to receive a copy of any petition filed under this subchapter, of the location and telephone number of the court, and of the procedure for obtaining a hearing. (B) (i) In cases when the parent, guardian, or other person contacted lives beyond a fifty-mile driving distance or lives out of state and the juvenile has been absent from his or her home or domicile for more than twenty-four (24) hours, the juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility. (ii) The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults. (iii) A juvenile held under this subdivision (e)(1)(B) must be separated from detained juveniles charged or held for delinquency. (iv) A juvenile may not be held under this subdivision (e)(1)(B) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; or (2) Return the juvenile to his or her home. (f) If no delinquency petition to adjudicate a juvenile taken into custody is filed within twenty-four (24) hours after a detention hearing or ninety-six (96) hours or, if the ninety-six (96) hours ends on a Saturday, Sunday, or a holiday, at the close of the next business day, after an alleged delinquent juvenile is taken into custody, whichever is sooner, the alleged delinquent juvenile shall be discharged from custody, detention, or shelter care. Amended by Act 2019, No. 531,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1024,§ 2, eff. 7/22/2015 Amended by Act 2015, No. 1024,§ 1, eff. 7/22/2015 Acts 1989, No. 273, § 12; 1993, No. 882, § 1; 1994 (2nd Ex. Sess.), No. 55, § 2; 1994 (2nd Ex. Sess.), No. 56, § 2; 1999, No. 1340, § 12; 2001, No. 1582, § 1; 2001, No. 1610, § 2; 2003, No. 1166, § 8; 2005, No. 1990, § 5; 2009, No. 758, § 12; 2011, No. 873, § 1

(a) (1) A juvenile only may be taken into custody without a warrant before service upon him or her of a petition and notice of hearing or order to appear as set out under § 9-27-312 : (A) Pursuant to an order of the circuit court under this subchapter; (B) By a law enforcement officer without a warrant under circumstances as set forth in Rule 4.1 of the Arkansas Rules of Criminal Procedure; or (C) By a designated person under § 12-18-1001 et seq. (2) When any juvenile is taken into custody without a warrant, the officer taking the juvenile into custody shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location.

(1) A juvenile only may be taken into custody without a warrant before service upon him or her of a petition and notice of hearing or order to appear as set out under § 9-27-312 : (A) Pursuant to an order of the circuit court under this subchapter; (B) By a law enforcement officer without a warrant under circumstances as set forth in Rule 4.1 of the Arkansas Rules of Criminal Procedure; or (C) By a designated person under § 12-18-1001 et seq.

(A) Pursuant to an order of the circuit court under this subchapter;

(B) By a law enforcement officer without a warrant under circumstances as set forth in Rule 4.1 of the Arkansas Rules of Criminal Procedure; or

(C) By a designated person under § 12-18-1001 et seq.

(2) When any juvenile is taken into custody without a warrant, the officer taking the juvenile into custody shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location.

(b) (1) When any juvenile is taken into custody pursuant to a warrant, the officer taking the juvenile into custody shall immediately take the juvenile before the judge of the division of circuit court out of which the warrant was issued and make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location. (2) The judge shall decide whether the juvenile should be tried as a delinquent or a criminal defendant pursuant to § 9-27-318 .

(1) When any juvenile is taken into custody pursuant to a warrant, the officer taking the juvenile into custody shall immediately take the juvenile before the judge of the division of circuit court out of which the warrant was issued and make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location.

(2) The judge shall decide whether the juvenile should be tried as a delinquent or a criminal defendant pursuant to § 9-27-318 .

(c) When a juvenile is taken into protective custody under § 12-18-1001 , the person exercising protective custody shall: (1) (A) Notify the Department of Human Services and make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location. (B) The notification to the custodial parent, noncustodial parent, guardian, or custodian of the juvenile shall be in writing and shall include a notice: (i) That the juvenile has been taken into foster care; (ii) Of the name, location, and phone number of the person at the department whom the custodial parent, noncustodial parent, guardian, or custodian of the juvenile can contact about the juvenile; (iii) Of the rights of the juvenile and the rights of the custodial parent, noncustodial parent, guardian, or custodian of the juvenile to receive a copy of any petition filed under this subchapter; (iv) Of the location and telephone number of the court; and (v) Of the procedure for obtaining a hearing; or (2) Return the juvenile to his or her home.

(1) (A) Notify the Department of Human Services and make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location. (B) The notification to the custodial parent, noncustodial parent, guardian, or custodian of the juvenile shall be in writing and shall include a notice: (i) That the juvenile has been taken into foster care; (ii) Of the name, location, and phone number of the person at the department whom the custodial parent, noncustodial parent, guardian, or custodian of the juvenile can contact about the juvenile; (iii) Of the rights of the juvenile and the rights of the custodial parent, noncustodial parent, guardian, or custodian of the juvenile to receive a copy of any petition filed under this subchapter; (iv) Of the location and telephone number of the court; and (v) Of the procedure for obtaining a hearing; or

(A) Notify the Department of Human Services and make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location.

(B) The notification to the custodial parent, noncustodial parent, guardian, or custodian of the juvenile shall be in writing and shall include a notice: (i) That the juvenile has been taken into foster care; (ii) Of the name, location, and phone number of the person at the department whom the custodial parent, noncustodial parent, guardian, or custodian of the juvenile can contact about the juvenile; (iii) Of the rights of the juvenile and the rights of the custodial parent, noncustodial parent, guardian, or custodian of the juvenile to receive a copy of any petition filed under this subchapter; (iv) Of the location and telephone number of the court; and (v) Of the procedure for obtaining a hearing; or

(i) That the juvenile has been taken into foster care;

(ii) Of the name, location, and phone number of the person at the department whom the custodial parent, noncustodial parent, guardian, or custodian of the juvenile can contact about the juvenile;

(iii) Of the rights of the juvenile and the rights of the custodial parent, noncustodial parent, guardian, or custodian of the juvenile to receive a copy of any petition filed under this subchapter;

(iv) Of the location and telephone number of the court; and

(v) Of the procedure for obtaining a hearing; or

(2) Return the juvenile to his or her home.

(d) (1) (A) A law enforcement officer shall take a juvenile to detention, immediately make every effort to notify the custodial parent, guardian, or custodian of the juvenile's location, and notify the juvenile intake officer within twenty-four (24) hours so that a petition may be filed if a juvenile is taken into custody for: (i) Unlawful possession of a handgun, § 5-73-119(a)(1) ; (ii) Possession of a handgun on school property, § 5-73-119(b)(1) ; (iii) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (iv) Any felony committed while armed with a firearm; or (v) Criminal use of prohibited weapons, § 5-73-104 . (B) The authority of a juvenile intake officer to make a detention decision pursuant to § 9-27-322 shall not apply when a juvenile is detained pursuant to subdivision (d)(1)(A) of this section. (C) A detention hearing shall be held by the court pursuant to § 9-27-326 within seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day. (2) If a juvenile is taken into custody for an act that would be a felony if committed by an adult, other than a felony listed in subdivision (d)(1)(A) of this section, the law enforcement officer shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location and may: (A) (i) Take the juvenile to detention. (ii) The intake officer shall be notified immediately to make a detention decision pursuant to § 9-27-322 within twenty-four (24) hours of the time the juvenile was first taken into custody, and the prosecuting attorney shall be notified within twenty-four (24) hours. (iii) If the juvenile remains in detention, a detention hearing shall be held no later than seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day; (B) Pursuant to the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the court and release the juvenile and within twenty-four (24) hours notify the juvenile intake officer and the prosecuting attorney so that a petition may be filed under this subchapter; or (C) Return the juvenile to his or her home. (3) If a juvenile is taken into custody for an act that would be a misdemeanor if committed by an adult, the law enforcement officer shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location and may: (A) Notify the juvenile intake officer, who shall make a detention decision pursuant to § 9-27-322 ; (B) Pursuant to the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the circuit court and release the juvenile and notify the juvenile intake officer and the prosecuting attorney within twenty-four (24) hours so that a petition may be filed under this subchapter; or (C) Return the juvenile to his or her home. (4) (A) In all instances when a juvenile may be detained, the juvenile may be held in a juvenile detention facility or a seventy-two-hour holdover if a bed is available in the facility or holdover. (B) If not, an adult jail or lock-up may be used, as provided by § 9-27-336 . (5) In all instances when a juvenile may be detained, the intake officer shall immediately make every effort possible to notify the juvenile's custodial parent, guardian, or custodian.

(1) (A) A law enforcement officer shall take a juvenile to detention, immediately make every effort to notify the custodial parent, guardian, or custodian of the juvenile's location, and notify the juvenile intake officer within twenty-four (24) hours so that a petition may be filed if a juvenile is taken into custody for: (i) Unlawful possession of a handgun, § 5-73-119(a)(1) ; (ii) Possession of a handgun on school property, § 5-73-119(b)(1) ; (iii) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (iv) Any felony committed while armed with a firearm; or (v) Criminal use of prohibited weapons, § 5-73-104 . (B) The authority of a juvenile intake officer to make a detention decision pursuant to § 9-27-322 shall not apply when a juvenile is detained pursuant to subdivision (d)(1)(A) of this section. (C) A detention hearing shall be held by the court pursuant to § 9-27-326 within seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day.

(A) A law enforcement officer shall take a juvenile to detention, immediately make every effort to notify the custodial parent, guardian, or custodian of the juvenile's location, and notify the juvenile intake officer within twenty-four (24) hours so that a petition may be filed if a juvenile is taken into custody for: (i) Unlawful possession of a handgun, § 5-73-119(a)(1) ; (ii) Possession of a handgun on school property, § 5-73-119(b)(1) ; (iii) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (iv) Any felony committed while armed with a firearm; or (v) Criminal use of prohibited weapons, § 5-73-104 .

(i) Unlawful possession of a handgun, § 5-73-119(a)(1) ;

(ii) Possession of a handgun on school property, § 5-73-119(b)(1) ;

(iii) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ;

(iv) Any felony committed while armed with a firearm; or

(v) Criminal use of prohibited weapons, § 5-73-104 .

(B) The authority of a juvenile intake officer to make a detention decision pursuant to § 9-27-322 shall not apply when a juvenile is detained pursuant to subdivision (d)(1)(A) of this section.

(C) A detention hearing shall be held by the court pursuant to § 9-27-326 within seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day.

(2) If a juvenile is taken into custody for an act that would be a felony if committed by an adult, other than a felony listed in subdivision (d)(1)(A) of this section, the law enforcement officer shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location and may: (A) (i) Take the juvenile to detention. (ii) The intake officer shall be notified immediately to make a detention decision pursuant to § 9-27-322 within twenty-four (24) hours of the time the juvenile was first taken into custody, and the prosecuting attorney shall be notified within twenty-four (24) hours. (iii) If the juvenile remains in detention, a detention hearing shall be held no later than seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day; (B) Pursuant to the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the court and release the juvenile and within twenty-four (24) hours notify the juvenile intake officer and the prosecuting attorney so that a petition may be filed under this subchapter; or (C) Return the juvenile to his or her home.

(A) (i) Take the juvenile to detention. (ii) The intake officer shall be notified immediately to make a detention decision pursuant to § 9-27-322 within twenty-four (24) hours of the time the juvenile was first taken into custody, and the prosecuting attorney shall be notified within twenty-four (24) hours. (iii) If the juvenile remains in detention, a detention hearing shall be held no later than seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day;

(i) Take the juvenile to detention.

(ii) The intake officer shall be notified immediately to make a detention decision pursuant to § 9-27-322 within twenty-four (24) hours of the time the juvenile was first taken into custody, and the prosecuting attorney shall be notified within twenty-four (24) hours.

(iii) If the juvenile remains in detention, a detention hearing shall be held no later than seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day;

(B) Pursuant to the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the court and release the juvenile and within twenty-four (24) hours notify the juvenile intake officer and the prosecuting attorney so that a petition may be filed under this subchapter; or

(C) Return the juvenile to his or her home.

(3) If a juvenile is taken into custody for an act that would be a misdemeanor if committed by an adult, the law enforcement officer shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location and may: (A) Notify the juvenile intake officer, who shall make a detention decision pursuant to § 9-27-322 ; (B) Pursuant to the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the circuit court and release the juvenile and notify the juvenile intake officer and the prosecuting attorney within twenty-four (24) hours so that a petition may be filed under this subchapter; or (C) Return the juvenile to his or her home.

(A) Notify the juvenile intake officer, who shall make a detention decision pursuant to § 9-27-322 ;

(B) Pursuant to the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the circuit court and release the juvenile and notify the juvenile intake officer and the prosecuting attorney within twenty-four (24) hours so that a petition may be filed under this subchapter; or

(C) Return the juvenile to his or her home.

(4) (A) In all instances when a juvenile may be detained, the juvenile may be held in a juvenile detention facility or a seventy-two-hour holdover if a bed is available in the facility or holdover. (B) If not, an adult jail or lock-up may be used, as provided by § 9-27-336 .

(A) In all instances when a juvenile may be detained, the juvenile may be held in a juvenile detention facility or a seventy-two-hour holdover if a bed is available in the facility or holdover.

(B) If not, an adult jail or lock-up may be used, as provided by § 9-27-336 .

(5) In all instances when a juvenile may be detained, the intake officer shall immediately make every effort possible to notify the juvenile's custodial parent, guardian, or custodian.

(e) When a law enforcement officer takes custody of a juvenile under this subchapter for reasons other than those specified in subsection (c) of this section concerning dependent-neglected juveniles or subsection (d) of this section concerning delinquency, he or she shall: (1) (A) (i) Take the juvenile to shelter care, notify the department and the intake officer of the court, and immediately make every possible effort to notify the custodial parent, guardian, or custodian of the juvenile's location. (ii) The notification to parents shall be in writing and shall include a notice of the location of the juvenile, of the juvenile's and parents' rights to receive a copy of any petition filed under this subchapter, of the location and telephone number of the court, and of the procedure for obtaining a hearing. (B) (i) In cases when the parent, guardian, or other person contacted lives beyond a fifty-mile driving distance or lives out of state and the juvenile has been absent from his or her home or domicile for more than twenty-four (24) hours, the juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility. (ii) The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults. (iii) A juvenile held under this subdivision (e)(1)(B) must be separated from detained juveniles charged or held for delinquency. (iv) A juvenile may not be held under this subdivision (e)(1)(B) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; or (2) Return the juvenile to his or her home.

(1) (A) (i) Take the juvenile to shelter care, notify the department and the intake officer of the court, and immediately make every possible effort to notify the custodial parent, guardian, or custodian of the juvenile's location. (ii) The notification to parents shall be in writing and shall include a notice of the location of the juvenile, of the juvenile's and parents' rights to receive a copy of any petition filed under this subchapter, of the location and telephone number of the court, and of the procedure for obtaining a hearing. (B) (i) In cases when the parent, guardian, or other person contacted lives beyond a fifty-mile driving distance or lives out of state and the juvenile has been absent from his or her home or domicile for more than twenty-four (24) hours, the juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility. (ii) The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults. (iii) A juvenile held under this subdivision (e)(1)(B) must be separated from detained juveniles charged or held for delinquency. (iv) A juvenile may not be held under this subdivision (e)(1)(B) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; or

(A) (i) Take the juvenile to shelter care, notify the department and the intake officer of the court, and immediately make every possible effort to notify the custodial parent, guardian, or custodian of the juvenile's location. (ii) The notification to parents shall be in writing and shall include a notice of the location of the juvenile, of the juvenile's and parents' rights to receive a copy of any petition filed under this subchapter, of the location and telephone number of the court, and of the procedure for obtaining a hearing.

(i) Take the juvenile to shelter care, notify the department and the intake officer of the court, and immediately make every possible effort to notify the custodial parent, guardian, or custodian of the juvenile's location.

(ii) The notification to parents shall be in writing and shall include a notice of the location of the juvenile, of the juvenile's and parents' rights to receive a copy of any petition filed under this subchapter, of the location and telephone number of the court, and of the procedure for obtaining a hearing.

(B) (i) In cases when the parent, guardian, or other person contacted lives beyond a fifty-mile driving distance or lives out of state and the juvenile has been absent from his or her home or domicile for more than twenty-four (24) hours, the juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility. (ii) The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults. (iii) A juvenile held under this subdivision (e)(1)(B) must be separated from detained juveniles charged or held for delinquency. (iv) A juvenile may not be held under this subdivision (e)(1)(B) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; or

(i) In cases when the parent, guardian, or other person contacted lives beyond a fifty-mile driving distance or lives out of state and the juvenile has been absent from his or her home or domicile for more than twenty-four (24) hours, the juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility.

(ii) The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults.

(iii) A juvenile held under this subdivision (e)(1)(B) must be separated from detained juveniles charged or held for delinquency.

(iv) A juvenile may not be held under this subdivision (e)(1)(B) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; or

(2) Return the juvenile to his or her home.

(f) If no delinquency petition to adjudicate a juvenile taken into custody is filed within twenty-four (24) hours after a detention hearing or ninety-six (96) hours or, if the ninety-six (96) hours ends on a Saturday, Sunday, or a holiday, at the close of the next business day, after an alleged delinquent juvenile is taken into custody, whichever is sooner, the alleged delinquent juvenile shall be discharged from custody, detention, or shelter care.

Amended by Act 2019, No. 531,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 1024,§ 2, eff. 7/22/2015

Amended by Act 2015, No. 1024,§ 1, eff. 7/22/2015

Acts 1989, No. 273, § 12; 1993, No. 882, § 1; 1994 (2nd Ex. Sess.), No. 55, § 2; 1994 (2nd Ex. Sess.), No. 56, § 2; 1999, No. 1340, § 12; 2001, No. 1582, § 1; 2001, No. 1610, § 2; 2003, No. 1166, § 8; 2005, No. 1990, § 5; 2009, No. 758, § 12; 2011, No. 873, § 1