Ark. Code Ann. § 9-27-331 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-331
Disposition - Delinquency - Limitations
Status: in_force

(a) (1) A commitment to the Division of Youth Services is for an indeterminate period not to exceed the juvenile's twenty-first birthday, except as otherwise provided by law. (2) An order of commitment shall remain in effect for an indeterminate period not exceeding two (2) years from the date entered. (3) Before the expiration of an order of commitment, the circuit court may extend the order for additional periods of one (1) year if it finds the extension is necessary to safeguard the welfare of the juvenile or the interest of the public. (4) The committing court may at any time recommend that a juvenile be released from the custody of the division by making a written request for release stating the reasons release is in the best interests of the juvenile and society. (5) The length of stay and the final decision to release shall be the exclusive responsibility of the division, except when the juvenile is an extended juvenile jurisdiction offender. (b) (1) (A) Subsection (a) of this section does not apply to extended juvenile jurisdiction offenders. (B) The circuit court shall have sole release authority when an extended juvenile jurisdiction offender is committed to the division. (2) (A) Upon a determination that the juvenile has been rehabilitated, the division may petition the court for release. (B) The court shall conduct a hearing and shall consider the following factors in making its determination to release the juvenile from the division: (i) The experience and character of the juvenile before and after the juvenile's disposition, including compliance with the court's orders; (ii) The nature of the offense or offenses and the manner in which they were committed; (iii) The recommendations of the professionals who have worked with the juvenile; (iv) The protection of public safety; and (v) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation. (3) The court shall release the juvenile upon a finding by a preponderance of the evidence that the juvenile's release does not pose a substantial threat to public safety. (c) (1) Unless otherwise stated, and excluding extended juvenile jurisdiction offenders, an order of probation shall remain in effect for an indeterminate period not exceeding two (2) years. (2) A juvenile shall be released from probation upon: (A) Expiration of the order; or (B) A finding by the court that the purpose of the order has been achieved. (3) Prior to the expiration of an order of probation, the court may extend the order for an additional period of one (1) year if it finds the extension is necessary to safeguard the welfare of the juvenile or the interest of the public. (d) (1) (A) The court may enter an order for physical, psychiatric, or psychological evaluation or counseling or treatment affecting the family of a juvenile only after finding that the evaluation, counseling, or treatment of family members is necessary for the treatment or rehabilitation of the juvenile. (B) Subdivision (d)(1)(A) of this section shall not apply to the parental responsibility training programs in § 9-27-330(a)(10) . (2) For purposes of this section, if the Department of Human Services will be the payor, excluding the community-based providers, the court shall not specify a particular provider for family services. (e) (1) An order of restitution, not to exceed ten thousand dollars ($10,000) per victim, to be paid by the juvenile, his or her parent, both parents, the guardian, or the custodian may be entered only after proof by a preponderance of the evidence that specific damages were caused by the juvenile and that the juvenile's actions were the proximate cause of the damage. (2) (A) If the amount of restitution determined by the court exceeds ten thousand dollars ($10,000) for any individual victim, the court shall enter a restitution order for ten thousand dollars ($10,000) in favor of the victim. (B) Nothing in this section shall prevent a person or entity from seeking recovery for damages in excess of ten thousand dollars ($10,000) available under other law. (f) Custody of a juvenile may be transferred to a relative or other individual only after a home study of the placement is conducted by the department or a licensed certified social worker and submitted to the court in writing and the court determines that the placement is in the best interest of the juvenile. (g) (1) If the juvenile who has been adjudicated delinquent is also in the custody of the department pursuant to a family in need of services or dependency-neglect petition and the court does not commit the juvenile to the division or order the juvenile to detention, the Civilian Student Training Program, or a facility exclusively for delinquents, then any issues regarding placement of the juvenile shall be addressed only in the family in need of services or dependency-neglect case and shall not be an issue addressed, nor shall any orders be entered in the delinquency case regarding placement of the juvenile. (2) Within ten (10) days of the entry of any order in the delinquency case, the prosecuting attorney shall file a copy of the order in the juvenile's dependency-neglect case. (h) Custody of a juvenile shall not be transferred to the department if a delinquency petition or case is converted to a family in need of services petition or case. (i) No court may commit to the division a juvenile found solely in criminal contempt. Acts 1989, No. 273, § 30; 1991, No. 763, § 2; 1994 (2nd Ex. Sess.), No. 61, § 2; 1994 (2nd Ex. Sess.), No. 62, § 2; 1995, No. 779, § 2; 1995, No. 1261, § 15; 1999, No. 1192, § 20; 1999, No. 1340, §§ 17-19; 2003, No. 1166, § 17; 2003, No. 1319, § 18; 2003, No. 1473, § 17; 2003, No. 1809, §§ 7, 8; 2005, No. 1990, §§ 10, 11; 2009, No. 956, § 13

(a) (1) A commitment to the Division of Youth Services is for an indeterminate period not to exceed the juvenile's twenty-first birthday, except as otherwise provided by law. (2) An order of commitment shall remain in effect for an indeterminate period not exceeding two (2) years from the date entered. (3) Before the expiration of an order of commitment, the circuit court may extend the order for additional periods of one (1) year if it finds the extension is necessary to safeguard the welfare of the juvenile or the interest of the public. (4) The committing court may at any time recommend that a juvenile be released from the custody of the division by making a written request for release stating the reasons release is in the best interests of the juvenile and society. (5) The length of stay and the final decision to release shall be the exclusive responsibility of the division, except when the juvenile is an extended juvenile jurisdiction offender.

(1) A commitment to the Division of Youth Services is for an indeterminate period not to exceed the juvenile's twenty-first birthday, except as otherwise provided by law.

(2) An order of commitment shall remain in effect for an indeterminate period not exceeding two (2) years from the date entered.

(3) Before the expiration of an order of commitment, the circuit court may extend the order for additional periods of one (1) year if it finds the extension is necessary to safeguard the welfare of the juvenile or the interest of the public.

(4) The committing court may at any time recommend that a juvenile be released from the custody of the division by making a written request for release stating the reasons release is in the best interests of the juvenile and society.

(5) The length of stay and the final decision to release shall be the exclusive responsibility of the division, except when the juvenile is an extended juvenile jurisdiction offender.

(b) (1) (A) Subsection (a) of this section does not apply to extended juvenile jurisdiction offenders. (B) The circuit court shall have sole release authority when an extended juvenile jurisdiction offender is committed to the division. (2) (A) Upon a determination that the juvenile has been rehabilitated, the division may petition the court for release. (B) The court shall conduct a hearing and shall consider the following factors in making its determination to release the juvenile from the division: (i) The experience and character of the juvenile before and after the juvenile's disposition, including compliance with the court's orders; (ii) The nature of the offense or offenses and the manner in which they were committed; (iii) The recommendations of the professionals who have worked with the juvenile; (iv) The protection of public safety; and (v) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation. (3) The court shall release the juvenile upon a finding by a preponderance of the evidence that the juvenile's release does not pose a substantial threat to public safety.

(1) (A) Subsection (a) of this section does not apply to extended juvenile jurisdiction offenders. (B) The circuit court shall have sole release authority when an extended juvenile jurisdiction offender is committed to the division.

(A) Subsection (a) of this section does not apply to extended juvenile jurisdiction offenders.

(B) The circuit court shall have sole release authority when an extended juvenile jurisdiction offender is committed to the division.

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

(A) Upon a determination that the juvenile has been rehabilitated, the division may petition the court for release.

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

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

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

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

(iv) The protection of public safety; and

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

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

(c) (1) Unless otherwise stated, and excluding extended juvenile jurisdiction offenders, an order of probation shall remain in effect for an indeterminate period not exceeding two (2) years. (2) A juvenile shall be released from probation upon: (A) Expiration of the order; or (B) A finding by the court that the purpose of the order has been achieved. (3) Prior to the expiration of an order of probation, the court may extend the order for an additional period of one (1) year if it finds the extension is necessary to safeguard the welfare of the juvenile or the interest of the public.

(1) Unless otherwise stated, and excluding extended juvenile jurisdiction offenders, an order of probation shall remain in effect for an indeterminate period not exceeding two (2) years.

(2) A juvenile shall be released from probation upon: (A) Expiration of the order; or (B) A finding by the court that the purpose of the order has been achieved.

(A) Expiration of the order; or

(B) A finding by the court that the purpose of the order has been achieved.

(3) Prior to the expiration of an order of probation, the court may extend the order for an additional period of one (1) year if it finds the extension is necessary to safeguard the welfare of the juvenile or the interest of the public.

(d) (1) (A) The court may enter an order for physical, psychiatric, or psychological evaluation or counseling or treatment affecting the family of a juvenile only after finding that the evaluation, counseling, or treatment of family members is necessary for the treatment or rehabilitation of the juvenile. (B) Subdivision (d)(1)(A) of this section shall not apply to the parental responsibility training programs in § 9-27-330(a)(10) . (2) For purposes of this section, if the Department of Human Services will be the payor, excluding the community-based providers, the court shall not specify a particular provider for family services.

(1) (A) The court may enter an order for physical, psychiatric, or psychological evaluation or counseling or treatment affecting the family of a juvenile only after finding that the evaluation, counseling, or treatment of family members is necessary for the treatment or rehabilitation of the juvenile. (B) Subdivision (d)(1)(A) of this section shall not apply to the parental responsibility training programs in § 9-27-330(a)(10) .

(A) The court may enter an order for physical, psychiatric, or psychological evaluation or counseling or treatment affecting the family of a juvenile only after finding that the evaluation, counseling, or treatment of family members is necessary for the treatment or rehabilitation of the juvenile.

(B) Subdivision (d)(1)(A) of this section shall not apply to the parental responsibility training programs in § 9-27-330(a)(10) .

(2) For purposes of this section, if the Department of Human Services will be the payor, excluding the community-based providers, the court shall not specify a particular provider for family services.

(e) (1) An order of restitution, not to exceed ten thousand dollars ($10,000) per victim, to be paid by the juvenile, his or her parent, both parents, the guardian, or the custodian may be entered only after proof by a preponderance of the evidence that specific damages were caused by the juvenile and that the juvenile's actions were the proximate cause of the damage. (2) (A) If the amount of restitution determined by the court exceeds ten thousand dollars ($10,000) for any individual victim, the court shall enter a restitution order for ten thousand dollars ($10,000) in favor of the victim. (B) Nothing in this section shall prevent a person or entity from seeking recovery for damages in excess of ten thousand dollars ($10,000) available under other law.

(1) An order of restitution, not to exceed ten thousand dollars ($10,000) per victim, to be paid by the juvenile, his or her parent, both parents, the guardian, or the custodian may be entered only after proof by a preponderance of the evidence that specific damages were caused by the juvenile and that the juvenile's actions were the proximate cause of the damage.

(2) (A) If the amount of restitution determined by the court exceeds ten thousand dollars ($10,000) for any individual victim, the court shall enter a restitution order for ten thousand dollars ($10,000) in favor of the victim. (B) Nothing in this section shall prevent a person or entity from seeking recovery for damages in excess of ten thousand dollars ($10,000) available under other law.

(A) If the amount of restitution determined by the court exceeds ten thousand dollars ($10,000) for any individual victim, the court shall enter a restitution order for ten thousand dollars ($10,000) in favor of the victim.

(B) Nothing in this section shall prevent a person or entity from seeking recovery for damages in excess of ten thousand dollars ($10,000) available under other law.

(f) Custody of a juvenile may be transferred to a relative or other individual only after a home study of the placement is conducted by the department or a licensed certified social worker and submitted to the court in writing and the court determines that the placement is in the best interest of the juvenile.

(g) (1) If the juvenile who has been adjudicated delinquent is also in the custody of the department pursuant to a family in need of services or dependency-neglect petition and the court does not commit the juvenile to the division or order the juvenile to detention, the Civilian Student Training Program, or a facility exclusively for delinquents, then any issues regarding placement of the juvenile shall be addressed only in the family in need of services or dependency-neglect case and shall not be an issue addressed, nor shall any orders be entered in the delinquency case regarding placement of the juvenile. (2) Within ten (10) days of the entry of any order in the delinquency case, the prosecuting attorney shall file a copy of the order in the juvenile's dependency-neglect case.

(1) If the juvenile who has been adjudicated delinquent is also in the custody of the department pursuant to a family in need of services or dependency-neglect petition and the court does not commit the juvenile to the division or order the juvenile to detention, the Civilian Student Training Program, or a facility exclusively for delinquents, then any issues regarding placement of the juvenile shall be addressed only in the family in need of services or dependency-neglect case and shall not be an issue addressed, nor shall any orders be entered in the delinquency case regarding placement of the juvenile.

(2) Within ten (10) days of the entry of any order in the delinquency case, the prosecuting attorney shall file a copy of the order in the juvenile's dependency-neglect case.

(h) Custody of a juvenile shall not be transferred to the department if a delinquency petition or case is converted to a family in need of services petition or case.

(i) No court may commit to the division a juvenile found solely in criminal contempt.

Acts 1989, No. 273, § 30; 1991, No. 763, § 2; 1994 (2nd Ex. Sess.), No. 61, § 2; 1994 (2nd Ex. Sess.), No. 62, § 2; 1995, No. 779, § 2; 1995, No. 1261, § 15; 1999, No. 1192, § 20; 1999, No. 1340, §§ 17-19; 2003, No. 1166, § 17; 2003, No. 1319, § 18; 2003, No. 1473, § 17; 2003, No. 1809, §§ 7, 8; 2005, No. 1990, §§ 10, 11; 2009, No. 956, § 13
Ark. Code Ann. § 9-28-407 — AR Code / Title 9 / Chapter 28 / Subchapter 4 / Section 9-28-407
Licenses required and issued
Status: in_force

(a) (1) It shall be unlawful for any person, partnership, group, corporation, association, or other entity or identifiable group of entities having a coordinated ownership of controlling interest to operate or assist in the operation of a child welfare agency that has not been licensed by the Child Welfare Agency Review Board from licensing under this subchapter. (2) This license shall be required in addition to any other license required by law for all entities that fit the definition of a child welfare agency and are not specifically exempted, except that no nonpsychiatric residential treatment facility or agency licensed or exempted under this subchapter shall be deemed to fall within the meaning of § 20-10-101 et seq. for any purpose. (3) Any child welfare agency capacity licensed by the board as of March 1, 2003, whether held by the original licensee or by a successor in interest to the original licensee, is exempted from: (A) Obtaining any license or permit from the Office of Long-Term Care; and (B) (i) Obtaining any permit from the Health Services Permit Agency or the Health Services Permit Commission to operate at the capacity licensed by the board as of March 1, 2003, except as required under subdivision (a)(3)(B)(ii) of this section. (ii) (a) If a licensee is operating at less than or at the capacity licensed by the board as of March 1, 2021, the licensee shall obtain a permit from the Health Services Permit Agency or the Health Services Permit Commission for any increase in capacity. (b) For the purposes of subdivision (a)(3)(B)(ii) (a) of this section, both in-state and out-of-state clients shall be counted in capacity for the purpose of obtaining a license from the board and a permit from the Health Services Permit Agency or the Health Services Permit Commission. (4) Any new license or expansion of capacity by an existing licensee of the board shall require a license and permit from the Office of Long-Term Care or the Health Services Permit Agency. (5) (A) A license issued by the board under this subchapter is effective unless revoked, suspended, or terminated by the board. (B) In addition to any other basis provided by law or rule, the board shall terminate the license of a psychiatric residential treatment facility licensee that has not been in operation for a consecutive twelve-month period. (C) The Department of Human Services may recommend to the board the revocation, suspension, or termination of a license for any basis provided by law or rule, including without limitation the failure to be in operation or in substantial compliance for a consecutive six-month period. (b) (1) It shall be unlawful for any person to falsify an application for licensure, to knowingly circumvent the authority of this subchapter, to knowingly violate the orders issued by the board, or to advertise the provision of child care or child placement when not licensed under this subchapter to provide those services, unless determined by the board to be exempt from licensure under this subchapter. (2) Any violation of this section shall constitute a Class D felony. (c) (1) Any person, partnership, group, corporation, organization, association, or other entity or identifiable group of entities having a coordinated ownership of controlling interest, desiring to operate a child welfare agency shall first make application for a license or a church-operated exemption for the facility to the board on the application forms furnished for this purpose by the board. (2) (A) The Department of Human Services shall also furnish to the applicant upon request an application form. (B) The child welfare agency shall submit a separate application for license for each separate physical location of a child welfare agency. (d) (1) The department shall review, inspect, and investigate each applicant to operate a child welfare agency and shall present a recommendation to the board whether the board should issue a license and what the terms and conditions of the license should be. (2) The department shall complete its recommendation within ninety (90) days after receiving a complete application from the applicant. A complete application shall consist of: (A) A completed application form prepared and furnished by the board; (B) A copy of the articles of incorporation, bylaws, and current board roster, if applicable, including names and addresses of the officers; (C) A complete personnel list with verifications of qualifications and experience; (D) Substantiation of the financial soundness of the child welfare agency's operation; and (E) A written description of the child welfare agency's program of care, including intake policies, types of services offered, and a written plan for providing healthcare services to children in care. (e) (1) The board shall issue a regular license that shall be effective until adverse action is taken on the license if the board finds that: (A) The applicant for a child welfare agency license meets all licensing requirements; or (B) The applicant for a child welfare agency license meets all essential standards, has a favorable compliance history, and has the ability and willingness to comply with all standards within a reasonable time. (2) (A) The board may issue a provisional license that shall be effective for up to one (1) year if the board finds that the applicant meets all essential standards but the applicant requires more frequent monitoring because the applicant's ability or willingness to meet all standards within a reasonable time has not been favorably determined. (B) The board shall at no time issue a regular or provisional license to any agency or facility that does not meet all essential standards. (f) (1) A license to operate a child welfare agency shall apply only to the owner stated on the application. (2) The license shall be transferable, along with all capacity and rights of licensure, from: (A) One (1) location to another; and (B) One (1) owner to another, if permitted under subdivision (f)(3) of this section. (3) Whenever ownership of a controlling interest in the operation of a child welfare agency is sold, the following procedures shall be followed: (A) The seller shall notify the department of the sale at least thirty (30) days before the completed sale; (B) The seller shall remain responsible for the operation of the child welfare agency until the child welfare agency is closed or an amended license is issued to the buyer; (C) The seller shall remain liable for all penalties assessed against the child welfare agency that are imposed for violations occurring before the transfer of a license to the buyer; (D) The buyer shall provide all documentation required of a new applicant to the department; (E) The buyer shall be subject to any corrective action notices to which the seller was subject; and (F) The provisions of subsection (a) of this section, including those provisions regarding obtaining licenses or permits from the Office of Long-Term Care and regarding obtaining any permits from the Health Services Permit Agency or the Health Services Permit Commission, shall apply in their entirety to the new owner of the child welfare agency. (g) If the board votes to issue a license to operate a child welfare agency, the license must be posted in a conspicuous place in the child welfare agency and must state at a minimum: (1) The full legal name of the entity holding the license, including the business name, if different; (2) The address of the child welfare agency; (3) The effective date and expiration date of the license, if applicable; (4) The type of child welfare agency the licensee is authorized to operate; (5) The maximum number and ages of children that may receive services from the child welfare agency, if applicable; (6) The status of the license, whether regular, provisional, or probationary; and (7) Any special conditions or limitations of the license. (h) (1) Reports, correspondence, memoranda, case histories, or other materials, including protected health information, compiled or received by a licensee or a state agency engaged in placing a child, including both foster care and protective services records, shall be confidential and shall not be released or otherwise made available except to the extent permitted by federal law and only: (A) To the Director of the Child Welfare Agency Review Board as required by rule; (B) For adoptive placements as provided by the Revised Uniform Adoption Act, § 9-9-201 et seq.; (C) To multidisciplinary teams under § 12-18-106(a) ; (D) (i) To the child's parent, guardian, or custodian. (ii) However, the licensee or state agency may redact information from the record such as the name or address of foster parents or providers when it is in the best interest of the child. (iii) The licensee or state agency may redact counseling records, psychological or psychiatric evaluations, examinations, or records, drug screens or drug evaluations, or similar information concerning a parent if the other parent is requesting a copy of a record; (E) To the child; (F) (i) To healthcare providers to assist in the care and treatment of the child at the discretion of the licensee or state agency and if deemed to be in the best interest of the child. (ii) "Healthcare providers" includes doctors, nurses, emergency medical technicians, counselors, therapists, mental health professionals, and dentists; (G) To school personnel and daycare centers caring for the child at the discretion of the licensee or state agency and if deemed to be in the best interest of the child; (H) (i) To foster parents, the foster care record for children in foster care currently placed in their home. (ii) However, information about the parents or guardians and any siblings not in the foster home shall not be redisclosed by a foster parent and shall only be used to assist the foster parent in the care of the child; (I) (i) To the board. (ii) However, at any board meeting no information that identifies by name or address any protective services recipient or foster care child shall be orally disclosed or released in written form to the general public; (J) To the Division of Child Care and Early Childhood Education; (K) For any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency that is authorized by law to conduct the audit or activity; (L) Upon presentation of an order of appointment, to a court-appointed special advocate; (M) To the attorney ad litem for the child; (N) For law enforcement or the prosecuting attorney upon request; (O) To circuit courts, as provided for in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (P) In a criminal or civil proceeding conducted in connection with the administration of any such plan or program; (Q) For purposes directly connected with the administration of any of the state plans as outlined at 42 U.S.C. § 671(a)(8) , as in effect January 1, 2001; (R) For the administration of any other federal or federally assisted program that provides assistance, in cash or in kind, or services, directly to individuals on the basis of need; (S) (i) To individual federal and state representatives and senators in their official capacity and their staff members with no redisclosure of information. (ii) No disclosure shall be made to any committee or legislative body of any information that identifies by name or address any recipient of services; (T) 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; (U) To a person, provider, or government entity identified by the licensee or the state agency as having services needed by the child or his or her family; (V) To volunteers authorized by the licensee or the state agency to provide support or services to the child or his or her family at the discretion of the licensee or the state agency and only to the extent information is needed to provide the support or services; (W) (i) To a person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Children and Family Services to have value for the evaluation or development of policies and programs within the Division of Children and Family Services. (ii) Any confidential information provided by the department for a research or evaluation project under this subdivision (h)(1)(W) shall not be redisclosed or published; (X) To a child fatality review panel as authorized by the department; (Y) To the Child Welfare Ombudsman; or (Z) (i) To a currently or previously licensed foster parent. (ii) A foster parent shall only receive records: (a) Concerning a child who was previously placed in the home of the foster parent and that are relevant to the period of time in which the child was placed in the home of the foster parent; and (b) For which the foster parent has a legitimate need as determined by the licensee or department. (2) Foster home and adoptive home records are confidential and shall not be released except: (A) To the foster parents or adoptive parents; (B) For purposes of review or audit, by the appropriate federal or state agency; (C) Upon allegations of child maltreatment in the foster home or adoptive home, to the investigating agency; (D) To the board; (E) To the Division of Children and Family Services and the Division of Elementary and Secondary Education, including child welfare agency licensing specialists; (F) To law enforcement or the prosecuting attorney upon request; (G) 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; (H) (i) To individual federal and state representatives and senators in their official capacity and their staff members with no redisclosure of information. (ii) No disclosure shall be made to any committee or legislative body of any information that identifies by name or address any recipient of services; (I) To the attorney ad litem and court-appointed special advocate, the home studies on the potential adoptive families selected by the department to adopt the juvenile or as ordered by the court; or (J) (i) To a person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Children and Family Services to have value for the evaluation or development of policies and programs within the Division of Children and Family Services. (ii) Any confidential information provided by the department for a research or evaluation project under this subdivision (h)(2)(J) shall not be redisclosed or published. (3) (A) Any person or agency to whom disclosure is made shall not disclose to any other person reports or other information obtained pursuant to this subsection. (B) Any person disclosing information in violation of this subsection shall be guilty of a Class C misdemeanor. (C) Nothing in this subchapter shall be construed to prevent subsequent disclosure by the child or his or her parent or guardian. (D) Any data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department are confidential and shall be sealed and not redisclosed without a protective order to ensure that items of evidence for which there is a reasonable expectation of privacy are not distributed to persons or institutions without a legitimate interest in the evidence. (i) Foster parents approved by a child placement agency licensed by the department shall not be liable for damages caused by their foster children, nor shall they be liable to the foster children nor to the parents or guardians of the foster children for injuries to the foster children caused by acts or omissions of the foster parents unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct. Amended by Act 2023, No. 464,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 363,§ 30, eff. 8/1/2023. Amended by Act 2021, No. 772,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 317,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 317,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 730, eff. 7/24/2019. Amended by Act 2019, No. 945,§ 4, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2206, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2205, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 27, eff. 8/1/2017 Amended by Act 2017, No. 803,§ 1, eff. 8/1/2017 Amended by Act 2017, No. 329,§ 1, eff. 8/1/2017 Amended by Act 2015, No. 545,§ 1, eff. 7/22/2015 Amended by Act 2013, No. 1275,§ 7, eff. 8/16/2013 Amended by Act 2013, No. 1275,§ 6, eff. 8/16/2013 Amended by Act 2013, No. 1275,§ 5, eff. 8/16/2013 Amended by Act 2013, No. 1275,§ 4, eff. 8/16/2013 Amended by Act 2013, No. 1107,§ 10, eff. 8/16/2013 Acts 1997, No. 1041, § 7; 1999, No. 1319, § 1; 2001, No. 1211, § 1; 2001, No. 1800, § 1; 2003, No. 1157, § 1; 2003, No. 1166, § 39; 2003, No. 1285, § 1; 2005, No. 888, § 2; 2005, No. 1766, § 2; 2005, No. 2234, §§ 3, 4; 2007, No. 634, § 2; 2009, No. 723, § 7; 2009, No. 758, § 16; 2011, No. 522, §§ 16-20; 2011, No. 591, § 10

(a) (1) It shall be unlawful for any person, partnership, group, corporation, association, or other entity or identifiable group of entities having a coordinated ownership of controlling interest to operate or assist in the operation of a child welfare agency that has not been licensed by the Child Welfare Agency Review Board from licensing under this subchapter. (2) This license shall be required in addition to any other license required by law for all entities that fit the definition of a child welfare agency and are not specifically exempted, except that no nonpsychiatric residential treatment facility or agency licensed or exempted under this subchapter shall be deemed to fall within the meaning of § 20-10-101 et seq. for any purpose. (3) Any child welfare agency capacity licensed by the board as of March 1, 2003, whether held by the original licensee or by a successor in interest to the original licensee, is exempted from: (A) Obtaining any license or permit from the Office of Long-Term Care; and (B) (i) Obtaining any permit from the Health Services Permit Agency or the Health Services Permit Commission to operate at the capacity licensed by the board as of March 1, 2003, except as required under subdivision (a)(3)(B)(ii) of this section. (ii) (a) If a licensee is operating at less than or at the capacity licensed by the board as of March 1, 2021, the licensee shall obtain a permit from the Health Services Permit Agency or the Health Services Permit Commission for any increase in capacity. (b) For the purposes of subdivision (a)(3)(B)(ii) (a) of this section, both in-state and out-of-state clients shall be counted in capacity for the purpose of obtaining a license from the board and a permit from the Health Services Permit Agency or the Health Services Permit Commission. (4) Any new license or expansion of capacity by an existing licensee of the board shall require a license and permit from the Office of Long-Term Care or the Health Services Permit Agency. (5) (A) A license issued by the board under this subchapter is effective unless revoked, suspended, or terminated by the board. (B) In addition to any other basis provided by law or rule, the board shall terminate the license of a psychiatric residential treatment facility licensee that has not been in operation for a consecutive twelve-month period. (C) The Department of Human Services may recommend to the board the revocation, suspension, or termination of a license for any basis provided by law or rule, including without limitation the failure to be in operation or in substantial compliance for a consecutive six-month period.

(1) It shall be unlawful for any person, partnership, group, corporation, association, or other entity or identifiable group of entities having a coordinated ownership of controlling interest to operate or assist in the operation of a child welfare agency that has not been licensed by the Child Welfare Agency Review Board from licensing under this subchapter.

(2) This license shall be required in addition to any other license required by law for all entities that fit the definition of a child welfare agency and are not specifically exempted, except that no nonpsychiatric residential treatment facility or agency licensed or exempted under this subchapter shall be deemed to fall within the meaning of § 20-10-101 et seq. for any purpose.

(3) Any child welfare agency capacity licensed by the board as of March 1, 2003, whether held by the original licensee or by a successor in interest to the original licensee, is exempted from: (A) Obtaining any license or permit from the Office of Long-Term Care; and (B) (i) Obtaining any permit from the Health Services Permit Agency or the Health Services Permit Commission to operate at the capacity licensed by the board as of March 1, 2003, except as required under subdivision (a)(3)(B)(ii) of this section. (ii) (a) If a licensee is operating at less than or at the capacity licensed by the board as of March 1, 2021, the licensee shall obtain a permit from the Health Services Permit Agency or the Health Services Permit Commission for any increase in capacity. (b) For the purposes of subdivision (a)(3)(B)(ii) (a) of this section, both in-state and out-of-state clients shall be counted in capacity for the purpose of obtaining a license from the board and a permit from the Health Services Permit Agency or the Health Services Permit Commission.

(A) Obtaining any license or permit from the Office of Long-Term Care; and

(B) (i) Obtaining any permit from the Health Services Permit Agency or the Health Services Permit Commission to operate at the capacity licensed by the board as of March 1, 2003, except as required under subdivision (a)(3)(B)(ii) of this section. (ii) (a) If a licensee is operating at less than or at the capacity licensed by the board as of March 1, 2021, the licensee shall obtain a permit from the Health Services Permit Agency or the Health Services Permit Commission for any increase in capacity. (b) For the purposes of subdivision (a)(3)(B)(ii) (a) of this section, both in-state and out-of-state clients shall be counted in capacity for the purpose of obtaining a license from the board and a permit from the Health Services Permit Agency or the Health Services Permit Commission.

(i) Obtaining any permit from the Health Services Permit Agency or the Health Services Permit Commission to operate at the capacity licensed by the board as of March 1, 2003, except as required under subdivision (a)(3)(B)(ii) of this section.

(ii) (a) If a licensee is operating at less than or at the capacity licensed by the board as of March 1, 2021, the licensee shall obtain a permit from the Health Services Permit Agency or the Health Services Permit Commission for any increase in capacity. (b) For the purposes of subdivision (a)(3)(B)(ii) (a) of this section, both in-state and out-of-state clients shall be counted in capacity for the purpose of obtaining a license from the board and a permit from the Health Services Permit Agency or the Health Services Permit Commission.

(a) If a licensee is operating at less than or at the capacity licensed by the board as of March 1, 2021, the licensee shall obtain a permit from the Health Services Permit Agency or the Health Services Permit Commission for any increase in capacity.

(b) For the purposes of subdivision (a)(3)(B)(ii) (a) of this section, both in-state and out-of-state clients shall be counted in capacity for the purpose of obtaining a license from the board and a permit from the Health Services Permit Agency or the Health Services Permit Commission.

(4) Any new license or expansion of capacity by an existing licensee of the board shall require a license and permit from the Office of Long-Term Care or the Health Services Permit Agency.

(5) (A) A license issued by the board under this subchapter is effective unless revoked, suspended, or terminated by the board. (B) In addition to any other basis provided by law or rule, the board shall terminate the license of a psychiatric residential treatment facility licensee that has not been in operation for a consecutive twelve-month period. (C) The Department of Human Services may recommend to the board the revocation, suspension, or termination of a license for any basis provided by law or rule, including without limitation the failure to be in operation or in substantial compliance for a consecutive six-month period.

(A) A license issued by the board under this subchapter is effective unless revoked, suspended, or terminated by the board.

(B) In addition to any other basis provided by law or rule, the board shall terminate the license of a psychiatric residential treatment facility licensee that has not been in operation for a consecutive twelve-month period.

(C) The Department of Human Services may recommend to the board the revocation, suspension, or termination of a license for any basis provided by law or rule, including without limitation the failure to be in operation or in substantial compliance for a consecutive six-month period.

(b) (1) It shall be unlawful for any person to falsify an application for licensure, to knowingly circumvent the authority of this subchapter, to knowingly violate the orders issued by the board, or to advertise the provision of child care or child placement when not licensed under this subchapter to provide those services, unless determined by the board to be exempt from licensure under this subchapter. (2) Any violation of this section shall constitute a Class D felony.

(1) It shall be unlawful for any person to falsify an application for licensure, to knowingly circumvent the authority of this subchapter, to knowingly violate the orders issued by the board, or to advertise the provision of child care or child placement when not licensed under this subchapter to provide those services, unless determined by the board to be exempt from licensure under this subchapter.

(2) Any violation of this section shall constitute a Class D felony.

(c) (1) Any person, partnership, group, corporation, organization, association, or other entity or identifiable group of entities having a coordinated ownership of controlling interest, desiring to operate a child welfare agency shall first make application for a license or a church-operated exemption for the facility to the board on the application forms furnished for this purpose by the board. (2) (A) The Department of Human Services shall also furnish to the applicant upon request an application form. (B) The child welfare agency shall submit a separate application for license for each separate physical location of a child welfare agency.

(1) Any person, partnership, group, corporation, organization, association, or other entity or identifiable group of entities having a coordinated ownership of controlling interest, desiring to operate a child welfare agency shall first make application for a license or a church-operated exemption for the facility to the board on the application forms furnished for this purpose by the board.

(2) (A) The Department of Human Services shall also furnish to the applicant upon request an application form. (B) The child welfare agency shall submit a separate application for license for each separate physical location of a child welfare agency.

(A) The Department of Human Services shall also furnish to the applicant upon request an application form.

(B) The child welfare agency shall submit a separate application for license for each separate physical location of a child welfare agency.

(d) (1) The department shall review, inspect, and investigate each applicant to operate a child welfare agency and shall present a recommendation to the board whether the board should issue a license and what the terms and conditions of the license should be. (2) The department shall complete its recommendation within ninety (90) days after receiving a complete application from the applicant. A complete application shall consist of: (A) A completed application form prepared and furnished by the board; (B) A copy of the articles of incorporation, bylaws, and current board roster, if applicable, including names and addresses of the officers; (C) A complete personnel list with verifications of qualifications and experience; (D) Substantiation of the financial soundness of the child welfare agency's operation; and (E) A written description of the child welfare agency's program of care, including intake policies, types of services offered, and a written plan for providing healthcare services to children in care.

(1) The department shall review, inspect, and investigate each applicant to operate a child welfare agency and shall present a recommendation to the board whether the board should issue a license and what the terms and conditions of the license should be.

(2) The department shall complete its recommendation within ninety (90) days after receiving a complete application from the applicant. A complete application shall consist of: (A) A completed application form prepared and furnished by the board; (B) A copy of the articles of incorporation, bylaws, and current board roster, if applicable, including names and addresses of the officers; (C) A complete personnel list with verifications of qualifications and experience; (D) Substantiation of the financial soundness of the child welfare agency's operation; and (E) A written description of the child welfare agency's program of care, including intake policies, types of services offered, and a written plan for providing healthcare services to children in care.

(A) A completed application form prepared and furnished by the board;

(B) A copy of the articles of incorporation, bylaws, and current board roster, if applicable, including names and addresses of the officers;

(C) A complete personnel list with verifications of qualifications and experience;

(D) Substantiation of the financial soundness of the child welfare agency's operation; and

(E) A written description of the child welfare agency's program of care, including intake policies, types of services offered, and a written plan for providing healthcare services to children in care.

(e) (1) The board shall issue a regular license that shall be effective until adverse action is taken on the license if the board finds that: (A) The applicant for a child welfare agency license meets all licensing requirements; or (B) The applicant for a child welfare agency license meets all essential standards, has a favorable compliance history, and has the ability and willingness to comply with all standards within a reasonable time. (2) (A) The board may issue a provisional license that shall be effective for up to one (1) year if the board finds that the applicant meets all essential standards but the applicant requires more frequent monitoring because the applicant's ability or willingness to meet all standards within a reasonable time has not been favorably determined. (B) The board shall at no time issue a regular or provisional license to any agency or facility that does not meet all essential standards.

(1) The board shall issue a regular license that shall be effective until adverse action is taken on the license if the board finds that: (A) The applicant for a child welfare agency license meets all licensing requirements; or (B) The applicant for a child welfare agency license meets all essential standards, has a favorable compliance history, and has the ability and willingness to comply with all standards within a reasonable time.

(A) The applicant for a child welfare agency license meets all licensing requirements; or

(B) The applicant for a child welfare agency license meets all essential standards, has a favorable compliance history, and has the ability and willingness to comply with all standards within a reasonable time.

(2) (A) The board may issue a provisional license that shall be effective for up to one (1) year if the board finds that the applicant meets all essential standards but the applicant requires more frequent monitoring because the applicant's ability or willingness to meet all standards within a reasonable time has not been favorably determined. (B) The board shall at no time issue a regular or provisional license to any agency or facility that does not meet all essential standards.

(A) The board may issue a provisional license that shall be effective for up to one (1) year if the board finds that the applicant meets all essential standards but the applicant requires more frequent monitoring because the applicant's ability or willingness to meet all standards within a reasonable time has not been favorably determined.

(B) The board shall at no time issue a regular or provisional license to any agency or facility that does not meet all essential standards.

(f) (1) A license to operate a child welfare agency shall apply only to the owner stated on the application. (2) The license shall be transferable, along with all capacity and rights of licensure, from: (A) One (1) location to another; and (B) One (1) owner to another, if permitted under subdivision (f)(3) of this section. (3) Whenever ownership of a controlling interest in the operation of a child welfare agency is sold, the following procedures shall be followed: (A) The seller shall notify the department of the sale at least thirty (30) days before the completed sale; (B) The seller shall remain responsible for the operation of the child welfare agency until the child welfare agency is closed or an amended license is issued to the buyer; (C) The seller shall remain liable for all penalties assessed against the child welfare agency that are imposed for violations occurring before the transfer of a license to the buyer; (D) The buyer shall provide all documentation required of a new applicant to the department; (E) The buyer shall be subject to any corrective action notices to which the seller was subject; and (F) The provisions of subsection (a) of this section, including those provisions regarding obtaining licenses or permits from the Office of Long-Term Care and regarding obtaining any permits from the Health Services Permit Agency or the Health Services Permit Commission, shall apply in their entirety to the new owner of the child welfare agency.

(1) A license to operate a child welfare agency shall apply only to the owner stated on the application.

(2) The license shall be transferable, along with all capacity and rights of licensure, from: (A) One (1) location to another; and (B) One (1) owner to another, if permitted under subdivision (f)(3) of this section.

(A) One (1) location to another; and

(B) One (1) owner to another, if permitted under subdivision (f)(3) of this section.

(3) Whenever ownership of a controlling interest in the operation of a child welfare agency is sold, the following procedures shall be followed: (A) The seller shall notify the department of the sale at least thirty (30) days before the completed sale; (B) The seller shall remain responsible for the operation of the child welfare agency until the child welfare agency is closed or an amended license is issued to the buyer; (C) The seller shall remain liable for all penalties assessed against the child welfare agency that are imposed for violations occurring before the transfer of a license to the buyer; (D) The buyer shall provide all documentation required of a new applicant to the department; (E) The buyer shall be subject to any corrective action notices to which the seller was subject; and (F) The provisions of subsection (a) of this section, including those provisions regarding obtaining licenses or permits from the Office of Long-Term Care and regarding obtaining any permits from the Health Services Permit Agency or the Health Services Permit Commission, shall apply in their entirety to the new owner of the child welfare agency.

(A) The seller shall notify the department of the sale at least thirty (30) days before the completed sale;

(B) The seller shall remain responsible for the operation of the child welfare agency until the child welfare agency is closed or an amended license is issued to the buyer;

(C) The seller shall remain liable for all penalties assessed against the child welfare agency that are imposed for violations occurring before the transfer of a license to the buyer;

(D) The buyer shall provide all documentation required of a new applicant to the department;

(E) The buyer shall be subject to any corrective action notices to which the seller was subject; and

(F) The provisions of subsection (a) of this section, including those provisions regarding obtaining licenses or permits from the Office of Long-Term Care and regarding obtaining any permits from the Health Services Permit Agency or the Health Services Permit Commission, shall apply in their entirety to the new owner of the child welfare agency.

(g) If the board votes to issue a license to operate a child welfare agency, the license must be posted in a conspicuous place in the child welfare agency and must state at a minimum: (1) The full legal name of the entity holding the license, including the business name, if different; (2) The address of the child welfare agency; (3) The effective date and expiration date of the license, if applicable; (4) The type of child welfare agency the licensee is authorized to operate; (5) The maximum number and ages of children that may receive services from the child welfare agency, if applicable; (6) The status of the license, whether regular, provisional, or probationary; and (7) Any special conditions or limitations of the license.

(1) The full legal name of the entity holding the license, including the business name, if different;

(2) The address of the child welfare agency;

(3) The effective date and expiration date of the license, if applicable;

(4) The type of child welfare agency the licensee is authorized to operate;

(5) The maximum number and ages of children that may receive services from the child welfare agency, if applicable;

(6) The status of the license, whether regular, provisional, or probationary; and

(7) Any special conditions or limitations of the license.

(h) (1) Reports, correspondence, memoranda, case histories, or other materials, including protected health information, compiled or received by a licensee or a state agency engaged in placing a child, including both foster care and protective services records, shall be confidential and shall not be released or otherwise made available except to the extent permitted by federal law and only: (A) To the Director of the Child Welfare Agency Review Board as required by rule; (B) For adoptive placements as provided by the Revised Uniform Adoption Act, § 9-9-201 et seq.; (C) To multidisciplinary teams under § 12-18-106(a) ; (D) (i) To the child's parent, guardian, or custodian. (ii) However, the licensee or state agency may redact information from the record such as the name or address of foster parents or providers when it is in the best interest of the child. (iii) The licensee or state agency may redact counseling records, psychological or psychiatric evaluations, examinations, or records, drug screens or drug evaluations, or similar information concerning a parent if the other parent is requesting a copy of a record; (E) To the child; (F) (i) To healthcare providers to assist in the care and treatment of the child at the discretion of the licensee or state agency and if deemed to be in the best interest of the child. (ii) "Healthcare providers" includes doctors, nurses, emergency medical technicians, counselors, therapists, mental health professionals, and dentists; (G) To school personnel and daycare centers caring for the child at the discretion of the licensee or state agency and if deemed to be in the best interest of the child; (H) (i) To foster parents, the foster care record for children in foster care currently placed in their home. (ii) However, information about the parents or guardians and any siblings not in the foster home shall not be redisclosed by a foster parent and shall only be used to assist the foster parent in the care of the child; (I) (i) To the board. (ii) However, at any board meeting no information that identifies by name or address any protective services recipient or foster care child shall be orally disclosed or released in written form to the general public; (J) To the Division of Child Care and Early Childhood Education; (K) For any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency that is authorized by law to conduct the audit or activity; (L) Upon presentation of an order of appointment, to a court-appointed special advocate; (M) To the attorney ad litem for the child; (N) For law enforcement or the prosecuting attorney upon request; (O) To circuit courts, as provided for in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (P) In a criminal or civil proceeding conducted in connection with the administration of any such plan or program; (Q) For purposes directly connected with the administration of any of the state plans as outlined at 42 U.S.C. § 671(a)(8) , as in effect January 1, 2001; (R) For the administration of any other federal or federally assisted program that provides assistance, in cash or in kind, or services, directly to individuals on the basis of need; (S) (i) To individual federal and state representatives and senators in their official capacity and their staff members with no redisclosure of information. (ii) No disclosure shall be made to any committee or legislative body of any information that identifies by name or address any recipient of services; (T) 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; (U) To a person, provider, or government entity identified by the licensee or the state agency as having services needed by the child or his or her family; (V) To volunteers authorized by the licensee or the state agency to provide support or services to the child or his or her family at the discretion of the licensee or the state agency and only to the extent information is needed to provide the support or services; (W) (i) To a person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Children and Family Services to have value for the evaluation or development of policies and programs within the Division of Children and Family Services. (ii) Any confidential information provided by the department for a research or evaluation project under this subdivision (h)(1)(W) shall not be redisclosed or published; (X) To a child fatality review panel as authorized by the department; (Y) To the Child Welfare Ombudsman; or (Z) (i) To a currently or previously licensed foster parent. (ii) A foster parent shall only receive records: (a) Concerning a child who was previously placed in the home of the foster parent and that are relevant to the period of time in which the child was placed in the home of the foster parent; and (b) For which the foster parent has a legitimate need as determined by the licensee or department. (2) Foster home and adoptive home records are confidential and shall not be released except: (A) To the foster parents or adoptive parents; (B) For purposes of review or audit, by the appropriate federal or state agency; (C) Upon allegations of child maltreatment in the foster home or adoptive home, to the investigating agency; (D) To the board; (E) To the Division of Children and Family Services and the Division of Elementary and Secondary Education, including child welfare agency licensing specialists; (F) To law enforcement or the prosecuting attorney upon request; (G) 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; (H) (i) To individual federal and state representatives and senators in their official capacity and their staff members with no redisclosure of information. (ii) No disclosure shall be made to any committee or legislative body of any information that identifies by name or address any recipient of services; (I) To the attorney ad litem and court-appointed special advocate, the home studies on the potential adoptive families selected by the department to adopt the juvenile or as ordered by the court; or (J) (i) To a person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Children and Family Services to have value for the evaluation or development of policies and programs within the Division of Children and Family Services. (ii) Any confidential information provided by the department for a research or evaluation project under this subdivision (h)(2)(J) shall not be redisclosed or published. (3) (A) Any person or agency to whom disclosure is made shall not disclose to any other person reports or other information obtained pursuant to this subsection. (B) Any person disclosing information in violation of this subsection shall be guilty of a Class C misdemeanor. (C) Nothing in this subchapter shall be construed to prevent subsequent disclosure by the child or his or her parent or guardian. (D) Any data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department are confidential and shall be sealed and not redisclosed without a protective order to ensure that items of evidence for which there is a reasonable expectation of privacy are not distributed to persons or institutions without a legitimate interest in the evidence.

(1) Reports, correspondence, memoranda, case histories, or other materials, including protected health information, compiled or received by a licensee or a state agency engaged in placing a child, including both foster care and protective services records, shall be confidential and shall not be released or otherwise made available except to the extent permitted by federal law and only: (A) To the Director of the Child Welfare Agency Review Board as required by rule; (B) For adoptive placements as provided by the Revised Uniform Adoption Act, § 9-9-201 et seq.; (C) To multidisciplinary teams under § 12-18-106(a) ; (D) (i) To the child's parent, guardian, or custodian. (ii) However, the licensee or state agency may redact information from the record such as the name or address of foster parents or providers when it is in the best interest of the child. (iii) The licensee or state agency may redact counseling records, psychological or psychiatric evaluations, examinations, or records, drug screens or drug evaluations, or similar information concerning a parent if the other parent is requesting a copy of a record; (E) To the child; (F) (i) To healthcare providers to assist in the care and treatment of the child at the discretion of the licensee or state agency and if deemed to be in the best interest of the child. (ii) "Healthcare providers" includes doctors, nurses, emergency medical technicians, counselors, therapists, mental health professionals, and dentists; (G) To school personnel and daycare centers caring for the child at the discretion of the licensee or state agency and if deemed to be in the best interest of the child; (H) (i) To foster parents, the foster care record for children in foster care currently placed in their home. (ii) However, information about the parents or guardians and any siblings not in the foster home shall not be redisclosed by a foster parent and shall only be used to assist the foster parent in the care of the child; (I) (i) To the board. (ii) However, at any board meeting no information that identifies by name or address any protective services recipient or foster care child shall be orally disclosed or released in written form to the general public; (J) To the Division of Child Care and Early Childhood Education; (K) For any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency that is authorized by law to conduct the audit or activity; (L) Upon presentation of an order of appointment, to a court-appointed special advocate; (M) To the attorney ad litem for the child; (N) For law enforcement or the prosecuting attorney upon request; (O) To circuit courts, as provided for in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (P) In a criminal or civil proceeding conducted in connection with the administration of any such plan or program; (Q) For purposes directly connected with the administration of any of the state plans as outlined at 42 U.S.C. § 671(a)(8) , as in effect January 1, 2001; (R) For the administration of any other federal or federally assisted program that provides assistance, in cash or in kind, or services, directly to individuals on the basis of need; (S) (i) To individual federal and state representatives and senators in their official capacity and their staff members with no redisclosure of information. (ii) No disclosure shall be made to any committee or legislative body of any information that identifies by name or address any recipient of services; (T) 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; (U) To a person, provider, or government entity identified by the licensee or the state agency as having services needed by the child or his or her family; (V) To volunteers authorized by the licensee or the state agency to provide support or services to the child or his or her family at the discretion of the licensee or the state agency and only to the extent information is needed to provide the support or services; (W) (i) To a person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Children and Family Services to have value for the evaluation or development of policies and programs within the Division of Children and Family Services. (ii) Any confidential information provided by the department for a research or evaluation project under this subdivision (h)(1)(W) shall not be redisclosed or published; (X) To a child fatality review panel as authorized by the department; (Y) To the Child Welfare Ombudsman; or (Z) (i) To a currently or previously licensed foster parent. (ii) A foster parent shall only receive records: (a) Concerning a child who was previously placed in the home of the foster parent and that are relevant to the period of time in which the child was placed in the home of the foster parent; and (b) For which the foster parent has a legitimate need as determined by the licensee or department.

(A) To the Director of the Child Welfare Agency Review Board as required by rule;

(B) For adoptive placements as provided by the Revised Uniform Adoption Act, § 9-9-201 et seq.;

(C) To multidisciplinary teams under § 12-18-106(a) ;

(D) (i) To the child's parent, guardian, or custodian. (ii) However, the licensee or state agency may redact information from the record such as the name or address of foster parents or providers when it is in the best interest of the child. (iii) The licensee or state agency may redact counseling records, psychological or psychiatric evaluations, examinations, or records, drug screens or drug evaluations, or similar information concerning a parent if the other parent is requesting a copy of a record;

(i) To the child's parent, guardian, or custodian.

(ii) However, the licensee or state agency may redact information from the record such as the name or address of foster parents or providers when it is in the best interest of the child.

(iii) The licensee or state agency may redact counseling records, psychological or psychiatric evaluations, examinations, or records, drug screens or drug evaluations, or similar information concerning a parent if the other parent is requesting a copy of a record;

(E) To the child;

(F) (i) To healthcare providers to assist in the care and treatment of the child at the discretion of the licensee or state agency and if deemed to be in the best interest of the child. (ii) "Healthcare providers" includes doctors, nurses, emergency medical technicians, counselors, therapists, mental health professionals, and dentists;

(i) To healthcare providers to assist in the care and treatment of the child at the discretion of the licensee or state agency and if deemed to be in the best interest of the child.

(ii) "Healthcare providers" includes doctors, nurses, emergency medical technicians, counselors, therapists, mental health professionals, and dentists;

(G) To school personnel and daycare centers caring for the child at the discretion of the licensee or state agency and if deemed to be in the best interest of the child;

(H) (i) To foster parents, the foster care record for children in foster care currently placed in their home. (ii) However, information about the parents or guardians and any siblings not in the foster home shall not be redisclosed by a foster parent and shall only be used to assist the foster parent in the care of the child;

(i) To foster parents, the foster care record for children in foster care currently placed in their home.

(ii) However, information about the parents or guardians and any siblings not in the foster home shall not be redisclosed by a foster parent and shall only be used to assist the foster parent in the care of the child;

(I) (i) To the board. (ii) However, at any board meeting no information that identifies by name or address any protective services recipient or foster care child shall be orally disclosed or released in written form to the general public;

(i) To the board.

(ii) However, at any board meeting no information that identifies by name or address any protective services recipient or foster care child shall be orally disclosed or released in written form to the general public;

(J) To the Division of Child Care and Early Childhood Education;

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

(L) Upon presentation of an order of appointment, to a court-appointed special advocate;

(M) To the attorney ad litem for the child;

(N) For law enforcement or the prosecuting attorney upon request;

(O) To circuit courts, as provided for in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.;

(P) In a criminal or civil proceeding conducted in connection with the administration of any such plan or program;

(Q) For purposes directly connected with the administration of any of the state plans as outlined at 42 U.S.C. § 671(a)(8) , as in effect January 1, 2001;

(R) For the administration of any other federal or federally assisted program that provides assistance, in cash or in kind, or services, directly to individuals on the basis of need;

(S) (i) To individual federal and state representatives and senators in their official capacity and their staff members with no redisclosure of information. (ii) No disclosure shall be made to any committee or legislative body of any information that identifies by name or address any recipient of services;

(i) To individual federal and state representatives and senators in their official capacity and their staff members with no redisclosure of information.

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

(T) 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;

(U) To a person, provider, or government entity identified by the licensee or the state agency as having services needed by the child or his or her family;

(V) To volunteers authorized by the licensee or the state agency to provide support or services to the child or his or her family at the discretion of the licensee or the state agency and only to the extent information is needed to provide the support or services;

(W) (i) To a person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Children and Family Services to have value for the evaluation or development of policies and programs within the Division of Children and Family Services. (ii) Any confidential information provided by the department for a research or evaluation project under this subdivision (h)(1)(W) shall not be redisclosed or published;

(i) To a person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Children and Family Services to have value for the evaluation or development of policies and programs within the Division of Children and Family Services.

(ii) Any confidential information provided by the department for a research or evaluation project under this subdivision (h)(1)(W) shall not be redisclosed or published;

(X) To a child fatality review panel as authorized by the department;

(Y) To the Child Welfare Ombudsman; or

(Z) (i) To a currently or previously licensed foster parent. (ii) A foster parent shall only receive records: (a) Concerning a child who was previously placed in the home of the foster parent and that are relevant to the period of time in which the child was placed in the home of the foster parent; and (b) For which the foster parent has a legitimate need as determined by the licensee or department.

(i) To a currently or previously licensed foster parent.

(ii) A foster parent shall only receive records: (a) Concerning a child who was previously placed in the home of the foster parent and that are relevant to the period of time in which the child was placed in the home of the foster parent; and (b) For which the foster parent has a legitimate need as determined by the licensee or department.

(a) Concerning a child who was previously placed in the home of the foster parent and that are relevant to the period of time in which the child was placed in the home of the foster parent; and

(b) For which the foster parent has a legitimate need as determined by the licensee or department.

(2) Foster home and adoptive home records are confidential and shall not be released except: (A) To the foster parents or adoptive parents; (B) For purposes of review or audit, by the appropriate federal or state agency; (C) Upon allegations of child maltreatment in the foster home or adoptive home, to the investigating agency; (D) To the board; (E) To the Division of Children and Family Services and the Division of Elementary and Secondary Education, including child welfare agency licensing specialists; (F) To law enforcement or the prosecuting attorney upon request; (G) 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; (H) (i) To individual federal and state representatives and senators in their official capacity and their staff members with no redisclosure of information. (ii) No disclosure shall be made to any committee or legislative body of any information that identifies by name or address any recipient of services; (I) To the attorney ad litem and court-appointed special advocate, the home studies on the potential adoptive families selected by the department to adopt the juvenile or as ordered by the court; or (J) (i) To a person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Children and Family Services to have value for the evaluation or development of policies and programs within the Division of Children and Family Services. (ii) Any confidential information provided by the department for a research or evaluation project under this subdivision (h)(2)(J) shall not be redisclosed or published.

(A) To the foster parents or adoptive parents;

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

(C) Upon allegations of child maltreatment in the foster home or adoptive home, to the investigating agency;

(D) To the board;

(E) To the Division of Children and Family Services and the Division of Elementary and Secondary Education, including child welfare agency licensing specialists;

(F) To law enforcement or the prosecuting attorney upon request;

(G) 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;

(H) (i) To individual federal and state representatives and senators in their official capacity and their staff members with no redisclosure of information. (ii) No disclosure shall be made to any committee or legislative body of any information that identifies by name or address any recipient of services;

(i) To individual federal and state representatives and senators in their official capacity and their staff members with no redisclosure of information.

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

(I) To the attorney ad litem and court-appointed special advocate, the home studies on the potential adoptive families selected by the department to adopt the juvenile or as ordered by the court; or

(J) (i) To a person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Children and Family Services to have value for the evaluation or development of policies and programs within the Division of Children and Family Services. (ii) Any confidential information provided by the department for a research or evaluation project under this subdivision (h)(2)(J) shall not be redisclosed or published.

(i) To a person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Children and Family Services to have value for the evaluation or development of policies and programs within the Division of Children and Family Services.

(ii) Any confidential information provided by the department for a research or evaluation project under this subdivision (h)(2)(J) shall not be redisclosed or published.

(3) (A) Any person or agency to whom disclosure is made shall not disclose to any other person reports or other information obtained pursuant to this subsection. (B) Any person disclosing information in violation of this subsection shall be guilty of a Class C misdemeanor. (C) Nothing in this subchapter shall be construed to prevent subsequent disclosure by the child or his or her parent or guardian. (D) Any data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department are confidential and shall be sealed and not redisclosed without a protective order to ensure that items of evidence for which there is a reasonable expectation of privacy are not distributed to persons or institutions without a legitimate interest in the evidence.

(A) Any person or agency to whom disclosure is made shall not disclose to any other person reports or other information obtained pursuant to this subsection.

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

(C) Nothing in this subchapter shall be construed to prevent subsequent disclosure by the child or his or her parent or guardian.

(D) Any data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department are confidential and shall be sealed and not redisclosed without a protective order to ensure that items of evidence for which there is a reasonable expectation of privacy are not distributed to persons or institutions without a legitimate interest in the evidence.

(i) Foster parents approved by a child placement agency licensed by the department shall not be liable for damages caused by their foster children, nor shall they be liable to the foster children nor to the parents or guardians of the foster children for injuries to the foster children caused by acts or omissions of the foster parents unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct.

Amended by Act 2023, No. 464,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 363,§ 30, eff. 8/1/2023.

Amended by Act 2021, No. 772,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 317,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 317,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 730, eff. 7/24/2019.

Amended by Act 2019, No. 945,§ 4, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2206, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2205, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 27, eff. 8/1/2017

Amended by Act 2017, No. 803,§ 1, eff. 8/1/2017

Amended by Act 2017, No. 329,§ 1, eff. 8/1/2017

Amended by Act 2015, No. 545,§ 1, eff. 7/22/2015

Amended by Act 2013, No. 1275,§ 7, eff. 8/16/2013

Amended by Act 2013, No. 1275,§ 6, eff. 8/16/2013

Amended by Act 2013, No. 1275,§ 5, eff. 8/16/2013

Amended by Act 2013, No. 1275,§ 4, eff. 8/16/2013

Amended by Act 2013, No. 1107,§ 10, eff. 8/16/2013

Acts 1997, No. 1041, § 7; 1999, No. 1319, § 1; 2001, No. 1211, § 1; 2001, No. 1800, § 1; 2003, No. 1157, § 1; 2003, No. 1166, § 39; 2003, No. 1285, § 1; 2005, No. 888, § 2; 2005, No. 1766, § 2; 2005, No. 2234, §§ 3, 4; 2007, No. 634, § 2; 2009, No. 723, § 7; 2009, No. 758, § 16; 2011, No. 522, §§ 16-20; 2011, No. 591, § 10
Ark. Code Ann. § 9-14-106 — AR Code / Title 9 / Chapter 14 / Subchapter 1 / Section 9-14-106
Parents - Amount of support - Definition - Retroactivity of initial order
Status: in_force

(a) (1) (A) In determining a reasonable amount of support initially or upon review to be paid by a parent, the court shall refer to the most recent revision of the family support chart. (B) It shall be a rebuttable presumption for the award of child support that the amount contained in the family support chart is the correct amount of child support to be awarded. (C) Only upon a written finding that the application of the family support chart would be unjust or inappropriate as determined under established criteria set forth in the family support chart shall the presumption be rebutted. (D) (i) The incarceration of a parent shall not be treated as voluntary unemployment for purposes of determining a reasonable amount of support either initially or upon review. (ii) As used in subdivision (a)(1)(D)(i) of this section, "incarceration" means a conviction that results in a sentence of confinement to a local jail, state or federal correctional facility, or state psychiatric hospital for at least one hundred eighty (180) days, excluding credit for time served before sentencing. (2) (A) The court may provide for a partial abatement or reduction of the stated child support amount for any period of extended visitation with the payor parent. (B) The court shall consider whether an adjustment in child support is appropriate, giving consideration to the fixed obligations of the physical custodian or payee parent that are attributable to the minor child, to the increased costs of the payor parent associated with the minor child's visit, and to the relative incomes of both parents. (C) Abatement or reduction of the family support chart amount and justification of the abatement or reduction shall be clearly set forth in the written findings of the court. (D) (i) The payor parent shall provide written notification within ten (10) days, when abatement or reduction of child support should occur due to extended visitation, to the clerk of the court responsible for receipt of the child support payment, the payor parent's employer, if income withholding is in effect, and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when applicable. (ii) It is the responsibility of the payor parent to notify the clerk of the court responsible for receipt of the child support payment, the payor parent's employer, if income withholding is in effect, and the office, when applicable, when abatement or reduction should stop and payment of child support should resume. (E) If the payor parent fails to exercise extended visitation periods, the child support shall not be abated or reduced. (b) Subsequent to the finding by the court that the payor parent should be ordered to pay support for the minor child, the court shall follow the same procedure and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the circuit courts in cases involving separation or divorce of the parents of the minor child. (c) (1) An initial support order for child support may be made retroactive for a period no earlier than three (3) years before the date that the petition, complaint, or other initial pleading was filed or from the birth of the child, if the child is less than three (3) years of age, except as otherwise provided under § 9-14-105 and as provided in subdivision (c)(2) of this section. (2) If the parent ordered to pay support was not served with the petition, complaint, or other initial pleading under Rule 4 of the Arkansas Rules of Civil Procedure and the court finds that the parent was not intentionally evading service, the child support order shall be effective no earlier than three (3) years before the date of service or from the birth of the child, if the child is less than three (3) years of age. (3) As used in this section: (A) "Initial support order" means the same as defined in § 9-14-236 ; and (B) "Payor parent" means the same as defined in § 9-14-201 . Amended by Act 2023, No. 623,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 927,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 904,§ 3, eff. 1/1/2020. Acts 1989, No. 383, § 1; 1993, No. 607, § 1; 1995, No. 1184, § 7; 1997, No. 1296, § 12

(a) (1) (A) In determining a reasonable amount of support initially or upon review to be paid by a parent, the court shall refer to the most recent revision of the family support chart. (B) It shall be a rebuttable presumption for the award of child support that the amount contained in the family support chart is the correct amount of child support to be awarded. (C) Only upon a written finding that the application of the family support chart would be unjust or inappropriate as determined under established criteria set forth in the family support chart shall the presumption be rebutted. (D) (i) The incarceration of a parent shall not be treated as voluntary unemployment for purposes of determining a reasonable amount of support either initially or upon review. (ii) As used in subdivision (a)(1)(D)(i) of this section, "incarceration" means a conviction that results in a sentence of confinement to a local jail, state or federal correctional facility, or state psychiatric hospital for at least one hundred eighty (180) days, excluding credit for time served before sentencing. (2) (A) The court may provide for a partial abatement or reduction of the stated child support amount for any period of extended visitation with the payor parent. (B) The court shall consider whether an adjustment in child support is appropriate, giving consideration to the fixed obligations of the physical custodian or payee parent that are attributable to the minor child, to the increased costs of the payor parent associated with the minor child's visit, and to the relative incomes of both parents. (C) Abatement or reduction of the family support chart amount and justification of the abatement or reduction shall be clearly set forth in the written findings of the court. (D) (i) The payor parent shall provide written notification within ten (10) days, when abatement or reduction of child support should occur due to extended visitation, to the clerk of the court responsible for receipt of the child support payment, the payor parent's employer, if income withholding is in effect, and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when applicable. (ii) It is the responsibility of the payor parent to notify the clerk of the court responsible for receipt of the child support payment, the payor parent's employer, if income withholding is in effect, and the office, when applicable, when abatement or reduction should stop and payment of child support should resume. (E) If the payor parent fails to exercise extended visitation periods, the child support shall not be abated or reduced.

(1) (A) In determining a reasonable amount of support initially or upon review to be paid by a parent, the court shall refer to the most recent revision of the family support chart. (B) It shall be a rebuttable presumption for the award of child support that the amount contained in the family support chart is the correct amount of child support to be awarded. (C) Only upon a written finding that the application of the family support chart would be unjust or inappropriate as determined under established criteria set forth in the family support chart shall the presumption be rebutted. (D) (i) The incarceration of a parent shall not be treated as voluntary unemployment for purposes of determining a reasonable amount of support either initially or upon review. (ii) As used in subdivision (a)(1)(D)(i) of this section, "incarceration" means a conviction that results in a sentence of confinement to a local jail, state or federal correctional facility, or state psychiatric hospital for at least one hundred eighty (180) days, excluding credit for time served before sentencing.

(A) In determining a reasonable amount of support initially or upon review to be paid by a parent, the court shall refer to the most recent revision of the family support chart.

(B) It shall be a rebuttable presumption for the award of child support that the amount contained in the family support chart is the correct amount of child support to be awarded.

(C) Only upon a written finding that the application of the family support chart would be unjust or inappropriate as determined under established criteria set forth in the family support chart shall the presumption be rebutted.

(D) (i) The incarceration of a parent shall not be treated as voluntary unemployment for purposes of determining a reasonable amount of support either initially or upon review. (ii) As used in subdivision (a)(1)(D)(i) of this section, "incarceration" means a conviction that results in a sentence of confinement to a local jail, state or federal correctional facility, or state psychiatric hospital for at least one hundred eighty (180) days, excluding credit for time served before sentencing.

(i) The incarceration of a parent shall not be treated as voluntary unemployment for purposes of determining a reasonable amount of support either initially or upon review.

(ii) As used in subdivision (a)(1)(D)(i) of this section, "incarceration" means a conviction that results in a sentence of confinement to a local jail, state or federal correctional facility, or state psychiatric hospital for at least one hundred eighty (180) days, excluding credit for time served before sentencing.

(2) (A) The court may provide for a partial abatement or reduction of the stated child support amount for any period of extended visitation with the payor parent. (B) The court shall consider whether an adjustment in child support is appropriate, giving consideration to the fixed obligations of the physical custodian or payee parent that are attributable to the minor child, to the increased costs of the payor parent associated with the minor child's visit, and to the relative incomes of both parents. (C) Abatement or reduction of the family support chart amount and justification of the abatement or reduction shall be clearly set forth in the written findings of the court. (D) (i) The payor parent shall provide written notification within ten (10) days, when abatement or reduction of child support should occur due to extended visitation, to the clerk of the court responsible for receipt of the child support payment, the payor parent's employer, if income withholding is in effect, and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when applicable. (ii) It is the responsibility of the payor parent to notify the clerk of the court responsible for receipt of the child support payment, the payor parent's employer, if income withholding is in effect, and the office, when applicable, when abatement or reduction should stop and payment of child support should resume. (E) If the payor parent fails to exercise extended visitation periods, the child support shall not be abated or reduced.

(A) The court may provide for a partial abatement or reduction of the stated child support amount for any period of extended visitation with the payor parent.

(B) The court shall consider whether an adjustment in child support is appropriate, giving consideration to the fixed obligations of the physical custodian or payee parent that are attributable to the minor child, to the increased costs of the payor parent associated with the minor child's visit, and to the relative incomes of both parents.

(C) Abatement or reduction of the family support chart amount and justification of the abatement or reduction shall be clearly set forth in the written findings of the court.

(D) (i) The payor parent shall provide written notification within ten (10) days, when abatement or reduction of child support should occur due to extended visitation, to the clerk of the court responsible for receipt of the child support payment, the payor parent's employer, if income withholding is in effect, and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when applicable. (ii) It is the responsibility of the payor parent to notify the clerk of the court responsible for receipt of the child support payment, the payor parent's employer, if income withholding is in effect, and the office, when applicable, when abatement or reduction should stop and payment of child support should resume.

(i) The payor parent shall provide written notification within ten (10) days, when abatement or reduction of child support should occur due to extended visitation, to the clerk of the court responsible for receipt of the child support payment, the payor parent's employer, if income withholding is in effect, and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when applicable.

(ii) It is the responsibility of the payor parent to notify the clerk of the court responsible for receipt of the child support payment, the payor parent's employer, if income withholding is in effect, and the office, when applicable, when abatement or reduction should stop and payment of child support should resume.

(E) If the payor parent fails to exercise extended visitation periods, the child support shall not be abated or reduced.

(b) Subsequent to the finding by the court that the payor parent should be ordered to pay support for the minor child, the court shall follow the same procedure and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the circuit courts in cases involving separation or divorce of the parents of the minor child.

(c) (1) An initial support order for child support may be made retroactive for a period no earlier than three (3) years before the date that the petition, complaint, or other initial pleading was filed or from the birth of the child, if the child is less than three (3) years of age, except as otherwise provided under § 9-14-105 and as provided in subdivision (c)(2) of this section. (2) If the parent ordered to pay support was not served with the petition, complaint, or other initial pleading under Rule 4 of the Arkansas Rules of Civil Procedure and the court finds that the parent was not intentionally evading service, the child support order shall be effective no earlier than three (3) years before the date of service or from the birth of the child, if the child is less than three (3) years of age. (3) As used in this section: (A) "Initial support order" means the same as defined in § 9-14-236 ; and (B) "Payor parent" means the same as defined in § 9-14-201 .

(1) An initial support order for child support may be made retroactive for a period no earlier than three (3) years before the date that the petition, complaint, or other initial pleading was filed or from the birth of the child, if the child is less than three (3) years of age, except as otherwise provided under § 9-14-105 and as provided in subdivision (c)(2) of this section.

(2) If the parent ordered to pay support was not served with the petition, complaint, or other initial pleading under Rule 4 of the Arkansas Rules of Civil Procedure and the court finds that the parent was not intentionally evading service, the child support order shall be effective no earlier than three (3) years before the date of service or from the birth of the child, if the child is less than three (3) years of age.

(3) As used in this section: (A) "Initial support order" means the same as defined in § 9-14-236 ; and (B) "Payor parent" means the same as defined in § 9-14-201 .

(A) "Initial support order" means the same as defined in § 9-14-236 ; and

(B) "Payor parent" means the same as defined in § 9-14-201 .

Amended by Act 2023, No. 623,§ 3, eff. 8/1/2023.

Amended by Act 2021, No. 927,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 904,§ 3, eff. 1/1/2020.

Acts 1989, No. 383, § 1; 1993, No. 607, § 1; 1995, No. 1184, § 7; 1997, No. 1296, § 12
Ark. Code Ann. § 9-19-205 — AR Code / Title 9 / Chapter 19 / Subchapter 2 / Section 9-19-205
Notice - Opportunity to be heard - Joinder
Status: in_force

(a) Before a child-custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of § 9-19-108 must be given to all persons entitled to notice under the law of this state as in child-custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child. (b) This chapter does not govern the enforceability of a child-custody determination made without notice or an opportunity to be heard. (c) The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this chapter are governed by the law of this state as in child-custody proceedings between residents of this state. Acts 1999, No. 668, § 205

(a) Before a child-custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of § 9-19-108 must be given to all persons entitled to notice under the law of this state as in child-custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.

(b) This chapter does not govern the enforceability of a child-custody determination made without notice or an opportunity to be heard.

(c) The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this chapter are governed by the law of this state as in child-custody proceedings between residents of this state.

Acts 1999, No. 668, § 205
Ark. Code Ann. § 9-12-301 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-301
Grounds for divorce
Status: in_force

(a) A plaintiff who seeks to dissolve and set aside a covenant marriage shall state in his or her petition for divorce that he or she is seeking to dissolve a covenant marriage as authorized under the Covenant Marriage Act of 2001, § 9-11-801 et seq. (b) The circuit court shall have power to dissolve and set aside a marriage contract, not only from bed and board, but from the bonds of matrimony, for the following causes: (1) When either party, at the time of the contract, was and still is impotent; (2) When either party shall be convicted of a felony or other infamous crime; (3) When either party shall: (A) Be addicted to habitual drunkenness for one (1) year; (B) Be guilty of such cruel and barbarous treatment as to endanger the life of the other; or (C) Offer such indignities to the person of the other as shall render his or her condition intolerable; (4) When either party shall have committed adultery subsequent to the marriage; (5) When husband and wife have lived separate and apart from each other for eighteen (18) continuous months without cohabitation, the court shall grant an absolute decree of divorce at the suit of either party, whether the separation was the voluntary act of one (1) party or by the mutual consent of both parties or due to the fault of either party or both parties; (6) (A) In all cases in which a husband and wife have lived separate and apart for three (3) consecutive years without cohabitation by reason of the incurable insanity of one (1) of them, the court shall grant a decree of absolute divorce upon the petition of the sane spouse if the proof shows that the insane spouse has been committed to an institution for the care and treatment of the insane for three (3) or more years prior to the filing of the suit, has been adjudged to be of unsound mind by a court of competent jurisdiction, and has not been discharged from such adjudication by the court and the proof of insanity is supported by the evidence of two (2) reputable physicians familiar with the mental condition of the spouse, one (1) of whom shall be a regularly practicing physician in the community wherein the spouse resided, and when the insane spouse has been confined in an institution for the care and treatment of the insane, that the proof in the case is supported by the evidence of the superintendent or one (1) of the physicians of the institution wherein the insane spouse has been confined. (B) (i) In all decrees granted under this subdivision (b)(6), the court shall require the plaintiff to provide for the care and maintenance of the insane defendant so long as he or she may live. (ii) The trial court will retain jurisdiction of the parties and the cause from term to term for the purpose of making such further orders as equity may require to enforce the provisions of the decree requiring the plaintiff to furnish funds for such care and maintenance. (C) (i) Service of process upon an insane spouse shall be had by service of process upon the duly appointed, qualified, and acting guardian of the insane spouse or upon a duly appointed guardian ad litem for the insane spouse, and when the insane spouse is confined in an institution for the care of the insane, upon the superintendent or physician in charge of the institution wherein the insane spouse is at the time confined. (ii) However, when the insane spouse is not confined in an institution, service of process upon the duly appointed, qualified, and acting guardian of the insane spouse or duly appointed guardian ad litem and thereafter personal service or constructive service on an insane defendant by publication of warning order for four (4) weeks shall be sufficient; and (7) When either spouse legally obligated to support the other, and having the ability to provide the other with the common necessaries of life, willfully fails to do so. Civil Code, § 464; Acts 1873, No. 88, § 1[464], p. 213; C. & M. Dig., § 3500; Acts 1937, No. 167, § 1; Pope's Dig., § 4381; Acts 1939, No. 20, §§ 1, 2; 1943, No. 428, § 1; 1947, No. 159, § 1; 1953, No. 161, § 1; 1953, No. 348, § 2; 1963, No. 74, § 1; 1981, No. 633, § 5; 1985, No. 360, § 1; A.S.A. 1947, § 34-1202; Acts 1991, No. 131, §§ 1, 2; 2005, No. 1890, § 1

(a) A plaintiff who seeks to dissolve and set aside a covenant marriage shall state in his or her petition for divorce that he or she is seeking to dissolve a covenant marriage as authorized under the Covenant Marriage Act of 2001, § 9-11-801 et seq.

(b) The circuit court shall have power to dissolve and set aside a marriage contract, not only from bed and board, but from the bonds of matrimony, for the following causes: (1) When either party, at the time of the contract, was and still is impotent; (2) When either party shall be convicted of a felony or other infamous crime; (3) When either party shall: (A) Be addicted to habitual drunkenness for one (1) year; (B) Be guilty of such cruel and barbarous treatment as to endanger the life of the other; or (C) Offer such indignities to the person of the other as shall render his or her condition intolerable; (4) When either party shall have committed adultery subsequent to the marriage; (5) When husband and wife have lived separate and apart from each other for eighteen (18) continuous months without cohabitation, the court shall grant an absolute decree of divorce at the suit of either party, whether the separation was the voluntary act of one (1) party or by the mutual consent of both parties or due to the fault of either party or both parties; (6) (A) In all cases in which a husband and wife have lived separate and apart for three (3) consecutive years without cohabitation by reason of the incurable insanity of one (1) of them, the court shall grant a decree of absolute divorce upon the petition of the sane spouse if the proof shows that the insane spouse has been committed to an institution for the care and treatment of the insane for three (3) or more years prior to the filing of the suit, has been adjudged to be of unsound mind by a court of competent jurisdiction, and has not been discharged from such adjudication by the court and the proof of insanity is supported by the evidence of two (2) reputable physicians familiar with the mental condition of the spouse, one (1) of whom shall be a regularly practicing physician in the community wherein the spouse resided, and when the insane spouse has been confined in an institution for the care and treatment of the insane, that the proof in the case is supported by the evidence of the superintendent or one (1) of the physicians of the institution wherein the insane spouse has been confined. (B) (i) In all decrees granted under this subdivision (b)(6), the court shall require the plaintiff to provide for the care and maintenance of the insane defendant so long as he or she may live. (ii) The trial court will retain jurisdiction of the parties and the cause from term to term for the purpose of making such further orders as equity may require to enforce the provisions of the decree requiring the plaintiff to furnish funds for such care and maintenance. (C) (i) Service of process upon an insane spouse shall be had by service of process upon the duly appointed, qualified, and acting guardian of the insane spouse or upon a duly appointed guardian ad litem for the insane spouse, and when the insane spouse is confined in an institution for the care of the insane, upon the superintendent or physician in charge of the institution wherein the insane spouse is at the time confined. (ii) However, when the insane spouse is not confined in an institution, service of process upon the duly appointed, qualified, and acting guardian of the insane spouse or duly appointed guardian ad litem and thereafter personal service or constructive service on an insane defendant by publication of warning order for four (4) weeks shall be sufficient; and (7) When either spouse legally obligated to support the other, and having the ability to provide the other with the common necessaries of life, willfully fails to do so.

(1) When either party, at the time of the contract, was and still is impotent;

(2) When either party shall be convicted of a felony or other infamous crime;

(3) When either party shall: (A) Be addicted to habitual drunkenness for one (1) year; (B) Be guilty of such cruel and barbarous treatment as to endanger the life of the other; or (C) Offer such indignities to the person of the other as shall render his or her condition intolerable;

(A) Be addicted to habitual drunkenness for one (1) year;

(B) Be guilty of such cruel and barbarous treatment as to endanger the life of the other; or

(C) Offer such indignities to the person of the other as shall render his or her condition intolerable;

(4) When either party shall have committed adultery subsequent to the marriage;

(5) When husband and wife have lived separate and apart from each other for eighteen (18) continuous months without cohabitation, the court shall grant an absolute decree of divorce at the suit of either party, whether the separation was the voluntary act of one (1) party or by the mutual consent of both parties or due to the fault of either party or both parties;

(6) (A) In all cases in which a husband and wife have lived separate and apart for three (3) consecutive years without cohabitation by reason of the incurable insanity of one (1) of them, the court shall grant a decree of absolute divorce upon the petition of the sane spouse if the proof shows that the insane spouse has been committed to an institution for the care and treatment of the insane for three (3) or more years prior to the filing of the suit, has been adjudged to be of unsound mind by a court of competent jurisdiction, and has not been discharged from such adjudication by the court and the proof of insanity is supported by the evidence of two (2) reputable physicians familiar with the mental condition of the spouse, one (1) of whom shall be a regularly practicing physician in the community wherein the spouse resided, and when the insane spouse has been confined in an institution for the care and treatment of the insane, that the proof in the case is supported by the evidence of the superintendent or one (1) of the physicians of the institution wherein the insane spouse has been confined. (B) (i) In all decrees granted under this subdivision (b)(6), the court shall require the plaintiff to provide for the care and maintenance of the insane defendant so long as he or she may live. (ii) The trial court will retain jurisdiction of the parties and the cause from term to term for the purpose of making such further orders as equity may require to enforce the provisions of the decree requiring the plaintiff to furnish funds for such care and maintenance. (C) (i) Service of process upon an insane spouse shall be had by service of process upon the duly appointed, qualified, and acting guardian of the insane spouse or upon a duly appointed guardian ad litem for the insane spouse, and when the insane spouse is confined in an institution for the care of the insane, upon the superintendent or physician in charge of the institution wherein the insane spouse is at the time confined. (ii) However, when the insane spouse is not confined in an institution, service of process upon the duly appointed, qualified, and acting guardian of the insane spouse or duly appointed guardian ad litem and thereafter personal service or constructive service on an insane defendant by publication of warning order for four (4) weeks shall be sufficient; and

(A) In all cases in which a husband and wife have lived separate and apart for three (3) consecutive years without cohabitation by reason of the incurable insanity of one (1) of them, the court shall grant a decree of absolute divorce upon the petition of the sane spouse if the proof shows that the insane spouse has been committed to an institution for the care and treatment of the insane for three (3) or more years prior to the filing of the suit, has been adjudged to be of unsound mind by a court of competent jurisdiction, and has not been discharged from such adjudication by the court and the proof of insanity is supported by the evidence of two (2) reputable physicians familiar with the mental condition of the spouse, one (1) of whom shall be a regularly practicing physician in the community wherein the spouse resided, and when the insane spouse has been confined in an institution for the care and treatment of the insane, that the proof in the case is supported by the evidence of the superintendent or one (1) of the physicians of the institution wherein the insane spouse has been confined.

(B) (i) In all decrees granted under this subdivision (b)(6), the court shall require the plaintiff to provide for the care and maintenance of the insane defendant so long as he or she may live. (ii) The trial court will retain jurisdiction of the parties and the cause from term to term for the purpose of making such further orders as equity may require to enforce the provisions of the decree requiring the plaintiff to furnish funds for such care and maintenance.

(i) In all decrees granted under this subdivision (b)(6), the court shall require the plaintiff to provide for the care and maintenance of the insane defendant so long as he or she may live.

(ii) The trial court will retain jurisdiction of the parties and the cause from term to term for the purpose of making such further orders as equity may require to enforce the provisions of the decree requiring the plaintiff to furnish funds for such care and maintenance.

(C) (i) Service of process upon an insane spouse shall be had by service of process upon the duly appointed, qualified, and acting guardian of the insane spouse or upon a duly appointed guardian ad litem for the insane spouse, and when the insane spouse is confined in an institution for the care of the insane, upon the superintendent or physician in charge of the institution wherein the insane spouse is at the time confined. (ii) However, when the insane spouse is not confined in an institution, service of process upon the duly appointed, qualified, and acting guardian of the insane spouse or duly appointed guardian ad litem and thereafter personal service or constructive service on an insane defendant by publication of warning order for four (4) weeks shall be sufficient; and

(i) Service of process upon an insane spouse shall be had by service of process upon the duly appointed, qualified, and acting guardian of the insane spouse or upon a duly appointed guardian ad litem for the insane spouse, and when the insane spouse is confined in an institution for the care of the insane, upon the superintendent or physician in charge of the institution wherein the insane spouse is at the time confined.

(ii) However, when the insane spouse is not confined in an institution, service of process upon the duly appointed, qualified, and acting guardian of the insane spouse or duly appointed guardian ad litem and thereafter personal service or constructive service on an insane defendant by publication of warning order for four (4) weeks shall be sufficient; and

(7) When either spouse legally obligated to support the other, and having the ability to provide the other with the common necessaries of life, willfully fails to do so.

Civil Code, § 464; Acts 1873, No. 88, § 1[464], p. 213; C. & M. Dig., § 3500; Acts 1937, No. 167, § 1; Pope's Dig., § 4381; Acts 1939, No. 20, §§ 1, 2; 1943, No. 428, § 1; 1947, No. 159, § 1; 1953, No. 161, § 1; 1953, No. 348, § 2; 1963, No. 74, § 1; 1981, No. 633, § 5; 1985, No. 360, § 1; A.S.A. 1947, § 34-1202; Acts 1991, No. 131, §§ 1, 2; 2005, No. 1890, § 1
Ark. Code Ann. § 9-19-102 — AR Code / Title 9 / Chapter 19 / Subchapter 1 / Section 9-19-102
Definitions
Status: in_force

In this chapter: (1) "Abandoned" means left without provision for reasonable and necessary care or supervision. (2) "Child" means an individual who has not attained eighteen (18) years of age. (3) "Child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. (4) "Child-custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under subchapter 3 of this chapter. (5) "Commencement" means the filing of the first pleading in a proceeding. (6) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination. (7) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six (6) months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period. (8) "Initial determination" means the first child-custody determination concerning a particular child. (9) "Issuing court" means the court that makes a child-custody determination for which enforcement is sought under this chapter. (10) "Issuing state" means the state in which a child-custody determination is made. (11) "Modification" means a child-custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. (12) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (13) "Person acting as a parent" means a person, other than a parent, who: (A) has physical custody of the child or has had physical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child-custody proceeding; and (B) has been awarded legal custody by a court or claims a right to legal custody under the law of this state. (14) "Physical custody" means the physical care and supervision of a child. (15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (16) "Tribe" means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state. (17) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child. Acts 1999, No. 668, § 102

In this chapter:

(1) "Abandoned" means left without provision for reasonable and necessary care or supervision.

(2) "Child" means an individual who has not attained eighteen (18) years of age.

(3) "Child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

(4) "Child-custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under subchapter 3 of this chapter.

(5) "Commencement" means the filing of the first pleading in a proceeding.

(6) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination.

(7) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six (6) months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

(8) "Initial determination" means the first child-custody determination concerning a particular child.

(9) "Issuing court" means the court that makes a child-custody determination for which enforcement is sought under this chapter.

(10) "Issuing state" means the state in which a child-custody determination is made.

(11) "Modification" means a child-custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

(12) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

(13) "Person acting as a parent" means a person, other than a parent, who: (A) has physical custody of the child or has had physical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child-custody proceeding; and (B) has been awarded legal custody by a court or claims a right to legal custody under the law of this state.

(A) has physical custody of the child or has had physical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child-custody proceeding; and

(B) has been awarded legal custody by a court or claims a right to legal custody under the law of this state.

(14) "Physical custody" means the physical care and supervision of a child.

(15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(16) "Tribe" means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state.

(17) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.

Acts 1999, No. 668, § 102
Ark. Code Ann. § 9-27-316 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-316
Right to counsel
Status: in_force

(a) (1) In delinquency and family-in-need-of-services cases, a juvenile and his or her parent, guardian, or custodian shall be advised by the law enforcement official taking a juvenile into custody, by the intake officer at the initial intake interview, and by the court at the juvenile's first appearance before the circuit court that the juvenile has the right to be represented at all stages of the proceedings by counsel. (2) An extended juvenile jurisdiction offender shall have a right to counsel at every stage of the proceedings, including all reviews. (b) (1) (A) The inquiry concerning the ability of the juvenile to retain counsel shall include a consideration of the juvenile's financial resources and the financial resources of his or her family. (B) However, the failure of the juvenile's family to retain counsel for the juvenile shall not deprive the juvenile of the right to appointed counsel if required under this section. (2) After review by the court of an affidavit of financial means completed and verified by the parent of the juvenile and a determination by the court that the parent or juvenile has the ability to pay, the court may order financially able juveniles, parents, guardians, or custodians to pay all or part of reasonable attorney's fees and expenses for representation of a juvenile. (3) All moneys collected by the circuit clerk under this subsection shall be retained by the clerk and deposited into a special fund to be known as the "juvenile representation fund". (4) The court may direct that money from this fund be used in providing counsel for juveniles under this section in delinquency or family-in-need-of-services cases and indigent parents or guardians in dependency-neglect cases as provided by subsection (h) of this section. (5) Any money remaining in the fund at the end of the fiscal year shall not revert to any other fund but shall carry over into the next fiscal year in the juvenile representation fund. (c) If counsel is not retained for the juvenile or it does not appear that counsel will be retained, counsel shall be appointed to represent the juvenile at all appearances before the court unless the right to counsel is waived in writing as set forth in § 9-27-317 . (d) In a proceeding in which the judge determines that there is a reasonable likelihood that the proceeding may result in the juvenile's commitment to an institution in which the freedom of the juvenile would be curtailed and counsel has not been retained for the juvenile, the court shall appoint counsel for the juvenile. (e) Appointment of counsel shall be made at a time sufficiently in advance of the court appearance to allow adequate preparation by appointed counsel and adequate consultation between the appointed counsel and the client. (f) (1) The court shall appoint an attorney ad litem who shall meet standards and qualifications established by the Supreme Court to represent the best interest of the juvenile when a dependency-neglect petition is filed or when an emergency ex parte order is entered in a dependency-neglect case, whichever occurs earlier. (2) The court may appoint an attorney ad litem to represent the best interest of a juvenile involved in any case before the court and shall consider the juvenile's best interest in determining whether to appoint an attorney ad litem. (3) Each attorney ad litem shall: (A) File written motions, responses, or objections at all stages of the proceedings when necessary to protect the best interest of the juvenile; (B) Attend all hearings and participate in all telephone conferences with the court unless excused by the court; and (C) Present witnesses and exhibits when necessary to protect the juvenile's best interest. (4) An attorney ad litem shall be provided access to all records relevant to the juvenile's case, including, but not limited to, school records, medical records, all court records relating to the juvenile and his or her family, and records, including those maintained electronically and in the case management system, of the Department of Human Services relating to the juvenile and his or her family to the extent permitted by federal law. (5) (A) An attorney ad litem shall represent the best interest of the juvenile. (B) If the juvenile's wishes differ from the attorney's determination of the juvenile's best interest, the attorney ad litem shall communicate the juvenile's wishes to the court in addition to presenting his or her determination of the juvenile's best interest. (g) (1) The court may appoint a volunteer court-appointed special advocate from a program that shall meet all state and national court-appointed special advocate standards to advocate for the best interest of juveniles in dependency-neglect proceedings. (2) No court-appointed special advocate shall be assigned a case before: (A) Completing a training program in compliance with National CASA/GAL Association for Children and state standards; and (B) Being approved by the local court-appointed special advocate program, which will include appropriate criminal background and child abuse registry checks. (3) Each court-appointed special advocate shall: (A) (i) Investigate the case to which he or she is assigned to provide independent factual information to the court through the attorney ad litem, court testimony, or court reports. (ii) The court-appointed special advocate may testify if called as a witness. (iii) When the court-appointed special advocate prepares a written report for the court, the advocate shall provide all parties or the attorney of record with a copy of the written report seven (7) business days before the relevant hearing; and (B) Monitor the case to which he or she is assigned to ensure compliance with the court's orders. (4) Upon presentation of an order of appointment, a court-appointed special advocate shall be provided access to all records relevant to the juvenile's case, including, but not limited to, school records, medical records, all court records relating to the juvenile and his or her family, and department records, including those maintained electronically and in the Children's Reporting and Information System, to the extent permitted by federal law. (5) A court-appointed special advocate is not a party to the case to which he or she is assigned and shall not call witnesses or examine witnesses. (6) A court-appointed special advocate shall not be liable for damages for personal injury or property damage pursuant to the Arkansas Volunteer Immunity Act, § 16-6-101 et seq. (7) Except as provided in this subsection, a court-appointed special advocate shall not disclose any confidential information or reports to anyone except as ordered by the court or otherwise provided by law. (h) (1) (A) All parents and custodians have a right to counsel in all dependency-neglect proceedings. (B) In all dependency-neglect proceedings that set out to remove legal custody from a parent or custodian: (i) The parent or custodian from whom custody was removed shall have the right to be appointed counsel; and (ii) The court may appoint an attorney to a: (a) (1) Noncustodial parent if the court determines that the noncustodial parent has demonstrated a significant custodial relationship with the juvenile. (2) A determination that the noncustodial parent has demonstrated a significant custodial relationship with the juvenile shall be made at the first appearance of the noncustodial parent in the matter; or (b) (1) Putative parent if the putative parent has demonstrated significant contact with the juvenile and the court finds the rights of the putative parent have attached. (2) A determination on whether the rights of the putative parent have attached shall be made at the first appearance of the putative parent in the matter. (3) Counsel shall not be appointed to a putative parent if the: (A) Court finds that the putative parent has not demonstrated significant contact with the juvenile; (B) Court finds that the rights of the putative parent have not attached; or (C) The putative parent does not appear in the matter. (4) If a putative parent fails to demonstrate significant contacts with the juvenile, the court shall inform the putative parent on the following: (A) How to be considered a parent under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (B) The eligibility requirements for being appointed counsel; and (C) The process for requesting the appointment of counsel if the putative parent meets the eligibility requirements for being appointed counsel. (C) Counsel shall not be appointed to a party in a dependency-neglect proceeding unless: (i) The court finds that the parent, putative parent, or custodian of the juvenile is indigent; and (ii) Counsel is requested by the parent, putative parent, or custodian of the juvenile after the parent, putative parent, or custodian is informed of his or her right to be appointed counsel. (D) (i) Parents, putative parents, and custodians shall be advised in the dependency-neglect petition or the ex parte emergency order, whichever is sooner, and at the first appearance before the court, of the right to counsel and the right to appointed counsel, if eligible. (ii) As required under § 9-27-314 , a circuit court shall appoint counsel in an ex parte emergency order and shall determine eligibility at the commencement of the probable cause hearing. (E) All parents shall have the right to be appointed counsel in termination of parental rights hearings, and the court shall appoint counsel if the court makes a finding that the parent is indigent and counsel is requested by the parent. (F) In a dependency-neglect proceeding naming a minor parent as a defendant, the court shall appoint a qualified parent counsel for the minor parent. (2) If at the permanency planning hearing or at any time the court establishes the goal of adoption and counsel has not yet been appointed for a parent, the court shall appoint counsel to represent the parent as provided by subdivision (h)(1)(E) of this section. (3) (A) Except as otherwise provided by this chapter, putative parents do not have a right to appointed counsel in dependency-neglect proceedings. (B) A putative parent may be appointed counsel for a termination of parental rights proceeding if the court finds the following on the record: (i) The putative parent is indigent; (ii) The putative parent has established significant contacts with the juvenile so that putative rights attach; (iii) Due process requires appointment of counsel for a full and fair hearing for the putative parent in the termination hearing; and (iv) The putative parent requested counsel. (4) (A) A putative parent has the burden to prove paternity and significant contacts with the child. (B) The court shall make the findings required in subdivision (h)(3) of this section to determine whether a putative parent is entitled to appointed counsel at the termination hearing. (C) (i) The termination petition shall include the putative parent as provided under § 9-27-311(c)(2)(B) . (ii) The court shall appoint counsel subject to subdivision (h)(3) of this section for the putative parent at any time the court establishes adoption as the case goal with a termination of parental rights petition to be filed. (5) (A) The court shall order financially able parents or custodians to pay all or part of reasonable attorney's fees and expenses for court-appointed representation after review by the court of an affidavit of financial means completed and verified by the parent or custodian and a determination by the court of an ability to pay. (B) (i) All moneys collected by the clerk under this subsection shall be retained by the clerk and deposited into a special fund to be known as the "Juvenile Court Representation Fund". (ii) The court may direct that money from the fund be used in providing counsel for indigent parents or custodians at the trial level in dependency-neglect proceedings. (iii) Upon a determination of indigency and a finding by the court that the fund does not have sufficient funds to pay reasonable attorney's fees and expenses incurred at the trial court level and state funds have been exhausted, the court may order the county to pay these reasonable fees and expenses until the state provides funding for counsel. (6) (A) Appointment of counsel shall be made at a time sufficiently in advance of the court appearance to allow adequate preparation by appointed counsel and adequate consultation between the appointed counsel and the client. (B) (i) When the first appearance before the court is an emergency hearing to remove custody under § 9-27-315 , parents shall be appointed a parent counsel in a timely manner for meaningful representation until eligibility for appointed counsel is determined by the court under subdivision (h)(1)(B) of this section. (ii) If in the interest of time or availability of qualified parent counsel it becomes necessary for a provisional parent counsel or counsel other than the parent counsel originally appointed under subdivision (h)(1)(B) of this section, a substitute parent counsel shall be appointed. (7) The attorney for the parent or custodian shall be provided access to all records relevant to the juvenile's case, including without limitation school records, medical records, all court records relating to the juvenile and his or her family, and department records relating to the juvenile and his or her family, including those maintained electronically and in the Children's Reporting and Information System, to which the parent or custodian is entitled under state and federal law. (8) (A) In all cases where a court has determined that appointed counsel for an indigent parent or custodian is necessary under this subsection, the court shall appoint counsel in compliance with federal law and Supreme Court Administrative Order No. 15. (B) When a court orders payment of funds for parent counsel on behalf of an indigent parent or custodian from a state contract, the court shall make written findings in the appointment order in compliance with this section. Amended by Act 2023, No. 363,§ 31, eff. 8/1/2023. Amended by Act 2021, No. 815,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 541,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 861,§ 4, eff. 8/1/2017 Amended by Act 2017, No. 861,§ 3, eff. 8/1/2017 Amended by Act 2017, No. 861,§ 2, eff. 8/1/2017 Amended by Act 2015, No. 1022,§ 2, eff. 7/22/2015 Amended by Act 2015, No. 1017,§ 9, eff. 7/22/2015 Amended by Act 2015, No. 1017,§ 8, eff. 7/22/2015 Amended by Act 2015, No. 1017,§ 7, eff. 7/22/2015 Amended by Act 2015, No. 1017,§ 6, eff. 7/22/2015 Amended by Act 2013, No. 761,§ 2, eff. 8/16/2013 Acts 1989, No. 273, § 15; 1997, No. 1227, § 4; 1999, No. 1192, § 14; 1999, No. 1340, § 13; 2001, No. 987, § 2; 2001, No. 1503, § 4; 2003, No. 1166, § 9; 2003, No. 1809, § 2; 2005, No. 1990, § 8; 2011, No. 1175, § 4

(a) (1) In delinquency and family-in-need-of-services cases, a juvenile and his or her parent, guardian, or custodian shall be advised by the law enforcement official taking a juvenile into custody, by the intake officer at the initial intake interview, and by the court at the juvenile's first appearance before the circuit court that the juvenile has the right to be represented at all stages of the proceedings by counsel. (2) An extended juvenile jurisdiction offender shall have a right to counsel at every stage of the proceedings, including all reviews.

(1) In delinquency and family-in-need-of-services cases, a juvenile and his or her parent, guardian, or custodian shall be advised by the law enforcement official taking a juvenile into custody, by the intake officer at the initial intake interview, and by the court at the juvenile's first appearance before the circuit court that the juvenile has the right to be represented at all stages of the proceedings by counsel.

(2) An extended juvenile jurisdiction offender shall have a right to counsel at every stage of the proceedings, including all reviews.

(b) (1) (A) The inquiry concerning the ability of the juvenile to retain counsel shall include a consideration of the juvenile's financial resources and the financial resources of his or her family. (B) However, the failure of the juvenile's family to retain counsel for the juvenile shall not deprive the juvenile of the right to appointed counsel if required under this section. (2) After review by the court of an affidavit of financial means completed and verified by the parent of the juvenile and a determination by the court that the parent or juvenile has the ability to pay, the court may order financially able juveniles, parents, guardians, or custodians to pay all or part of reasonable attorney's fees and expenses for representation of a juvenile. (3) All moneys collected by the circuit clerk under this subsection shall be retained by the clerk and deposited into a special fund to be known as the "juvenile representation fund". (4) The court may direct that money from this fund be used in providing counsel for juveniles under this section in delinquency or family-in-need-of-services cases and indigent parents or guardians in dependency-neglect cases as provided by subsection (h) of this section. (5) Any money remaining in the fund at the end of the fiscal year shall not revert to any other fund but shall carry over into the next fiscal year in the juvenile representation fund.

(1) (A) The inquiry concerning the ability of the juvenile to retain counsel shall include a consideration of the juvenile's financial resources and the financial resources of his or her family. (B) However, the failure of the juvenile's family to retain counsel for the juvenile shall not deprive the juvenile of the right to appointed counsel if required under this section.

(A) The inquiry concerning the ability of the juvenile to retain counsel shall include a consideration of the juvenile's financial resources and the financial resources of his or her family.

(B) However, the failure of the juvenile's family to retain counsel for the juvenile shall not deprive the juvenile of the right to appointed counsel if required under this section.

(2) After review by the court of an affidavit of financial means completed and verified by the parent of the juvenile and a determination by the court that the parent or juvenile has the ability to pay, the court may order financially able juveniles, parents, guardians, or custodians to pay all or part of reasonable attorney's fees and expenses for representation of a juvenile.

(3) All moneys collected by the circuit clerk under this subsection shall be retained by the clerk and deposited into a special fund to be known as the "juvenile representation fund".

(4) The court may direct that money from this fund be used in providing counsel for juveniles under this section in delinquency or family-in-need-of-services cases and indigent parents or guardians in dependency-neglect cases as provided by subsection (h) of this section.

(5) Any money remaining in the fund at the end of the fiscal year shall not revert to any other fund but shall carry over into the next fiscal year in the juvenile representation fund.

(c) If counsel is not retained for the juvenile or it does not appear that counsel will be retained, counsel shall be appointed to represent the juvenile at all appearances before the court unless the right to counsel is waived in writing as set forth in § 9-27-317 .

(d) In a proceeding in which the judge determines that there is a reasonable likelihood that the proceeding may result in the juvenile's commitment to an institution in which the freedom of the juvenile would be curtailed and counsel has not been retained for the juvenile, the court shall appoint counsel for the juvenile.

(e) Appointment of counsel shall be made at a time sufficiently in advance of the court appearance to allow adequate preparation by appointed counsel and adequate consultation between the appointed counsel and the client.

(f) (1) The court shall appoint an attorney ad litem who shall meet standards and qualifications established by the Supreme Court to represent the best interest of the juvenile when a dependency-neglect petition is filed or when an emergency ex parte order is entered in a dependency-neglect case, whichever occurs earlier. (2) The court may appoint an attorney ad litem to represent the best interest of a juvenile involved in any case before the court and shall consider the juvenile's best interest in determining whether to appoint an attorney ad litem. (3) Each attorney ad litem shall: (A) File written motions, responses, or objections at all stages of the proceedings when necessary to protect the best interest of the juvenile; (B) Attend all hearings and participate in all telephone conferences with the court unless excused by the court; and (C) Present witnesses and exhibits when necessary to protect the juvenile's best interest. (4) An attorney ad litem shall be provided access to all records relevant to the juvenile's case, including, but not limited to, school records, medical records, all court records relating to the juvenile and his or her family, and records, including those maintained electronically and in the case management system, of the Department of Human Services relating to the juvenile and his or her family to the extent permitted by federal law. (5) (A) An attorney ad litem shall represent the best interest of the juvenile. (B) If the juvenile's wishes differ from the attorney's determination of the juvenile's best interest, the attorney ad litem shall communicate the juvenile's wishes to the court in addition to presenting his or her determination of the juvenile's best interest.

(1) The court shall appoint an attorney ad litem who shall meet standards and qualifications established by the Supreme Court to represent the best interest of the juvenile when a dependency-neglect petition is filed or when an emergency ex parte order is entered in a dependency-neglect case, whichever occurs earlier.

(2) The court may appoint an attorney ad litem to represent the best interest of a juvenile involved in any case before the court and shall consider the juvenile's best interest in determining whether to appoint an attorney ad litem.

(3) Each attorney ad litem shall: (A) File written motions, responses, or objections at all stages of the proceedings when necessary to protect the best interest of the juvenile; (B) Attend all hearings and participate in all telephone conferences with the court unless excused by the court; and (C) Present witnesses and exhibits when necessary to protect the juvenile's best interest.

(A) File written motions, responses, or objections at all stages of the proceedings when necessary to protect the best interest of the juvenile;

(B) Attend all hearings and participate in all telephone conferences with the court unless excused by the court; and

(C) Present witnesses and exhibits when necessary to protect the juvenile's best interest.

(4) An attorney ad litem shall be provided access to all records relevant to the juvenile's case, including, but not limited to, school records, medical records, all court records relating to the juvenile and his or her family, and records, including those maintained electronically and in the case management system, of the Department of Human Services relating to the juvenile and his or her family to the extent permitted by federal law.

(5) (A) An attorney ad litem shall represent the best interest of the juvenile. (B) If the juvenile's wishes differ from the attorney's determination of the juvenile's best interest, the attorney ad litem shall communicate the juvenile's wishes to the court in addition to presenting his or her determination of the juvenile's best interest.

(A) An attorney ad litem shall represent the best interest of the juvenile.

(B) If the juvenile's wishes differ from the attorney's determination of the juvenile's best interest, the attorney ad litem shall communicate the juvenile's wishes to the court in addition to presenting his or her determination of the juvenile's best interest.

(g) (1) The court may appoint a volunteer court-appointed special advocate from a program that shall meet all state and national court-appointed special advocate standards to advocate for the best interest of juveniles in dependency-neglect proceedings. (2) No court-appointed special advocate shall be assigned a case before: (A) Completing a training program in compliance with National CASA/GAL Association for Children and state standards; and (B) Being approved by the local court-appointed special advocate program, which will include appropriate criminal background and child abuse registry checks. (3) Each court-appointed special advocate shall: (A) (i) Investigate the case to which he or she is assigned to provide independent factual information to the court through the attorney ad litem, court testimony, or court reports. (ii) The court-appointed special advocate may testify if called as a witness. (iii) When the court-appointed special advocate prepares a written report for the court, the advocate shall provide all parties or the attorney of record with a copy of the written report seven (7) business days before the relevant hearing; and (B) Monitor the case to which he or she is assigned to ensure compliance with the court's orders. (4) Upon presentation of an order of appointment, a court-appointed special advocate shall be provided access to all records relevant to the juvenile's case, including, but not limited to, school records, medical records, all court records relating to the juvenile and his or her family, and department records, including those maintained electronically and in the Children's Reporting and Information System, to the extent permitted by federal law. (5) A court-appointed special advocate is not a party to the case to which he or she is assigned and shall not call witnesses or examine witnesses. (6) A court-appointed special advocate shall not be liable for damages for personal injury or property damage pursuant to the Arkansas Volunteer Immunity Act, § 16-6-101 et seq. (7) Except as provided in this subsection, a court-appointed special advocate shall not disclose any confidential information or reports to anyone except as ordered by the court or otherwise provided by law.

(1) The court may appoint a volunteer court-appointed special advocate from a program that shall meet all state and national court-appointed special advocate standards to advocate for the best interest of juveniles in dependency-neglect proceedings.

(2) No court-appointed special advocate shall be assigned a case before: (A) Completing a training program in compliance with National CASA/GAL Association for Children and state standards; and (B) Being approved by the local court-appointed special advocate program, which will include appropriate criminal background and child abuse registry checks.

(A) Completing a training program in compliance with National CASA/GAL Association for Children and state standards; and

(B) Being approved by the local court-appointed special advocate program, which will include appropriate criminal background and child abuse registry checks.

(3) Each court-appointed special advocate shall: (A) (i) Investigate the case to which he or she is assigned to provide independent factual information to the court through the attorney ad litem, court testimony, or court reports. (ii) The court-appointed special advocate may testify if called as a witness. (iii) When the court-appointed special advocate prepares a written report for the court, the advocate shall provide all parties or the attorney of record with a copy of the written report seven (7) business days before the relevant hearing; and (B) Monitor the case to which he or she is assigned to ensure compliance with the court's orders.

(A) (i) Investigate the case to which he or she is assigned to provide independent factual information to the court through the attorney ad litem, court testimony, or court reports. (ii) The court-appointed special advocate may testify if called as a witness. (iii) When the court-appointed special advocate prepares a written report for the court, the advocate shall provide all parties or the attorney of record with a copy of the written report seven (7) business days before the relevant hearing; and

(i) Investigate the case to which he or she is assigned to provide independent factual information to the court through the attorney ad litem, court testimony, or court reports.

(ii) The court-appointed special advocate may testify if called as a witness.

(iii) When the court-appointed special advocate prepares a written report for the court, the advocate shall provide all parties or the attorney of record with a copy of the written report seven (7) business days before the relevant hearing; and

(B) Monitor the case to which he or she is assigned to ensure compliance with the court's orders.

(4) Upon presentation of an order of appointment, a court-appointed special advocate shall be provided access to all records relevant to the juvenile's case, including, but not limited to, school records, medical records, all court records relating to the juvenile and his or her family, and department records, including those maintained electronically and in the Children's Reporting and Information System, to the extent permitted by federal law.

(5) A court-appointed special advocate is not a party to the case to which he or she is assigned and shall not call witnesses or examine witnesses.

(6) A court-appointed special advocate shall not be liable for damages for personal injury or property damage pursuant to the Arkansas Volunteer Immunity Act, § 16-6-101 et seq.

(7) Except as provided in this subsection, a court-appointed special advocate shall not disclose any confidential information or reports to anyone except as ordered by the court or otherwise provided by law.

(h) (1) (A) All parents and custodians have a right to counsel in all dependency-neglect proceedings. (B) In all dependency-neglect proceedings that set out to remove legal custody from a parent or custodian: (i) The parent or custodian from whom custody was removed shall have the right to be appointed counsel; and (ii) The court may appoint an attorney to a: (a) (1) Noncustodial parent if the court determines that the noncustodial parent has demonstrated a significant custodial relationship with the juvenile. (2) A determination that the noncustodial parent has demonstrated a significant custodial relationship with the juvenile shall be made at the first appearance of the noncustodial parent in the matter; or (b) (1) Putative parent if the putative parent has demonstrated significant contact with the juvenile and the court finds the rights of the putative parent have attached. (2) A determination on whether the rights of the putative parent have attached shall be made at the first appearance of the putative parent in the matter. (3) Counsel shall not be appointed to a putative parent if the: (A) Court finds that the putative parent has not demonstrated significant contact with the juvenile; (B) Court finds that the rights of the putative parent have not attached; or (C) The putative parent does not appear in the matter. (4) If a putative parent fails to demonstrate significant contacts with the juvenile, the court shall inform the putative parent on the following: (A) How to be considered a parent under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (B) The eligibility requirements for being appointed counsel; and (C) The process for requesting the appointment of counsel if the putative parent meets the eligibility requirements for being appointed counsel. (C) Counsel shall not be appointed to a party in a dependency-neglect proceeding unless: (i) The court finds that the parent, putative parent, or custodian of the juvenile is indigent; and (ii) Counsel is requested by the parent, putative parent, or custodian of the juvenile after the parent, putative parent, or custodian is informed of his or her right to be appointed counsel. (D) (i) Parents, putative parents, and custodians shall be advised in the dependency-neglect petition or the ex parte emergency order, whichever is sooner, and at the first appearance before the court, of the right to counsel and the right to appointed counsel, if eligible. (ii) As required under § 9-27-314 , a circuit court shall appoint counsel in an ex parte emergency order and shall determine eligibility at the commencement of the probable cause hearing. (E) All parents shall have the right to be appointed counsel in termination of parental rights hearings, and the court shall appoint counsel if the court makes a finding that the parent is indigent and counsel is requested by the parent. (F) In a dependency-neglect proceeding naming a minor parent as a defendant, the court shall appoint a qualified parent counsel for the minor parent. (2) If at the permanency planning hearing or at any time the court establishes the goal of adoption and counsel has not yet been appointed for a parent, the court shall appoint counsel to represent the parent as provided by subdivision (h)(1)(E) of this section. (3) (A) Except as otherwise provided by this chapter, putative parents do not have a right to appointed counsel in dependency-neglect proceedings. (B) A putative parent may be appointed counsel for a termination of parental rights proceeding if the court finds the following on the record: (i) The putative parent is indigent; (ii) The putative parent has established significant contacts with the juvenile so that putative rights attach; (iii) Due process requires appointment of counsel for a full and fair hearing for the putative parent in the termination hearing; and (iv) The putative parent requested counsel. (4) (A) A putative parent has the burden to prove paternity and significant contacts with the child. (B) The court shall make the findings required in subdivision (h)(3) of this section to determine whether a putative parent is entitled to appointed counsel at the termination hearing. (C) (i) The termination petition shall include the putative parent as provided under § 9-27-311(c)(2)(B) . (ii) The court shall appoint counsel subject to subdivision (h)(3) of this section for the putative parent at any time the court establishes adoption as the case goal with a termination of parental rights petition to be filed. (5) (A) The court shall order financially able parents or custodians to pay all or part of reasonable attorney's fees and expenses for court-appointed representation after review by the court of an affidavit of financial means completed and verified by the parent or custodian and a determination by the court of an ability to pay. (B) (i) All moneys collected by the clerk under this subsection shall be retained by the clerk and deposited into a special fund to be known as the "Juvenile Court Representation Fund". (ii) The court may direct that money from the fund be used in providing counsel for indigent parents or custodians at the trial level in dependency-neglect proceedings. (iii) Upon a determination of indigency and a finding by the court that the fund does not have sufficient funds to pay reasonable attorney's fees and expenses incurred at the trial court level and state funds have been exhausted, the court may order the county to pay these reasonable fees and expenses until the state provides funding for counsel. (6) (A) Appointment of counsel shall be made at a time sufficiently in advance of the court appearance to allow adequate preparation by appointed counsel and adequate consultation between the appointed counsel and the client. (B) (i) When the first appearance before the court is an emergency hearing to remove custody under § 9-27-315 , parents shall be appointed a parent counsel in a timely manner for meaningful representation until eligibility for appointed counsel is determined by the court under subdivision (h)(1)(B) of this section. (ii) If in the interest of time or availability of qualified parent counsel it becomes necessary for a provisional parent counsel or counsel other than the parent counsel originally appointed under subdivision (h)(1)(B) of this section, a substitute parent counsel shall be appointed. (7) The attorney for the parent or custodian shall be provided access to all records relevant to the juvenile's case, including without limitation school records, medical records, all court records relating to the juvenile and his or her family, and department records relating to the juvenile and his or her family, including those maintained electronically and in the Children's Reporting and Information System, to which the parent or custodian is entitled under state and federal law. (8) (A) In all cases where a court has determined that appointed counsel for an indigent parent or custodian is necessary under this subsection, the court shall appoint counsel in compliance with federal law and Supreme Court Administrative Order No. 15. (B) When a court orders payment of funds for parent counsel on behalf of an indigent parent or custodian from a state contract, the court shall make written findings in the appointment order in compliance with this section.

(1) (A) All parents and custodians have a right to counsel in all dependency-neglect proceedings. (B) In all dependency-neglect proceedings that set out to remove legal custody from a parent or custodian: (i) The parent or custodian from whom custody was removed shall have the right to be appointed counsel; and (ii) The court may appoint an attorney to a: (a) (1) Noncustodial parent if the court determines that the noncustodial parent has demonstrated a significant custodial relationship with the juvenile. (2) A determination that the noncustodial parent has demonstrated a significant custodial relationship with the juvenile shall be made at the first appearance of the noncustodial parent in the matter; or (b) (1) Putative parent if the putative parent has demonstrated significant contact with the juvenile and the court finds the rights of the putative parent have attached. (2) A determination on whether the rights of the putative parent have attached shall be made at the first appearance of the putative parent in the matter. (3) Counsel shall not be appointed to a putative parent if the: (A) Court finds that the putative parent has not demonstrated significant contact with the juvenile; (B) Court finds that the rights of the putative parent have not attached; or (C) The putative parent does not appear in the matter. (4) If a putative parent fails to demonstrate significant contacts with the juvenile, the court shall inform the putative parent on the following: (A) How to be considered a parent under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (B) The eligibility requirements for being appointed counsel; and (C) The process for requesting the appointment of counsel if the putative parent meets the eligibility requirements for being appointed counsel. (C) Counsel shall not be appointed to a party in a dependency-neglect proceeding unless: (i) The court finds that the parent, putative parent, or custodian of the juvenile is indigent; and (ii) Counsel is requested by the parent, putative parent, or custodian of the juvenile after the parent, putative parent, or custodian is informed of his or her right to be appointed counsel. (D) (i) Parents, putative parents, and custodians shall be advised in the dependency-neglect petition or the ex parte emergency order, whichever is sooner, and at the first appearance before the court, of the right to counsel and the right to appointed counsel, if eligible. (ii) As required under § 9-27-314 , a circuit court shall appoint counsel in an ex parte emergency order and shall determine eligibility at the commencement of the probable cause hearing. (E) All parents shall have the right to be appointed counsel in termination of parental rights hearings, and the court shall appoint counsel if the court makes a finding that the parent is indigent and counsel is requested by the parent. (F) In a dependency-neglect proceeding naming a minor parent as a defendant, the court shall appoint a qualified parent counsel for the minor parent.

(A) All parents and custodians have a right to counsel in all dependency-neglect proceedings.

(B) In all dependency-neglect proceedings that set out to remove legal custody from a parent or custodian: (i) The parent or custodian from whom custody was removed shall have the right to be appointed counsel; and (ii) The court may appoint an attorney to a: (a) (1) Noncustodial parent if the court determines that the noncustodial parent has demonstrated a significant custodial relationship with the juvenile. (2) A determination that the noncustodial parent has demonstrated a significant custodial relationship with the juvenile shall be made at the first appearance of the noncustodial parent in the matter; or (b) (1) Putative parent if the putative parent has demonstrated significant contact with the juvenile and the court finds the rights of the putative parent have attached. (2) A determination on whether the rights of the putative parent have attached shall be made at the first appearance of the putative parent in the matter. (3) Counsel shall not be appointed to a putative parent if the: (A) Court finds that the putative parent has not demonstrated significant contact with the juvenile; (B) Court finds that the rights of the putative parent have not attached; or (C) The putative parent does not appear in the matter. (4) If a putative parent fails to demonstrate significant contacts with the juvenile, the court shall inform the putative parent on the following: (A) How to be considered a parent under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (B) The eligibility requirements for being appointed counsel; and (C) The process for requesting the appointment of counsel if the putative parent meets the eligibility requirements for being appointed counsel.

(i) The parent or custodian from whom custody was removed shall have the right to be appointed counsel; and

(ii) The court may appoint an attorney to a: (a) (1) Noncustodial parent if the court determines that the noncustodial parent has demonstrated a significant custodial relationship with the juvenile. (2) A determination that the noncustodial parent has demonstrated a significant custodial relationship with the juvenile shall be made at the first appearance of the noncustodial parent in the matter; or (b) (1) Putative parent if the putative parent has demonstrated significant contact with the juvenile and the court finds the rights of the putative parent have attached. (2) A determination on whether the rights of the putative parent have attached shall be made at the first appearance of the putative parent in the matter. (3) Counsel shall not be appointed to a putative parent if the: (A) Court finds that the putative parent has not demonstrated significant contact with the juvenile; (B) Court finds that the rights of the putative parent have not attached; or (C) The putative parent does not appear in the matter. (4) If a putative parent fails to demonstrate significant contacts with the juvenile, the court shall inform the putative parent on the following: (A) How to be considered a parent under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (B) The eligibility requirements for being appointed counsel; and (C) The process for requesting the appointment of counsel if the putative parent meets the eligibility requirements for being appointed counsel.

(a) (1) Noncustodial parent if the court determines that the noncustodial parent has demonstrated a significant custodial relationship with the juvenile. (2) A determination that the noncustodial parent has demonstrated a significant custodial relationship with the juvenile shall be made at the first appearance of the noncustodial parent in the matter; or

(1) Noncustodial parent if the court determines that the noncustodial parent has demonstrated a significant custodial relationship with the juvenile.

(2) A determination that the noncustodial parent has demonstrated a significant custodial relationship with the juvenile shall be made at the first appearance of the noncustodial parent in the matter; or

(b) (1) Putative parent if the putative parent has demonstrated significant contact with the juvenile and the court finds the rights of the putative parent have attached. (2) A determination on whether the rights of the putative parent have attached shall be made at the first appearance of the putative parent in the matter. (3) Counsel shall not be appointed to a putative parent if the: (A) Court finds that the putative parent has not demonstrated significant contact with the juvenile; (B) Court finds that the rights of the putative parent have not attached; or (C) The putative parent does not appear in the matter. (4) If a putative parent fails to demonstrate significant contacts with the juvenile, the court shall inform the putative parent on the following: (A) How to be considered a parent under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (B) The eligibility requirements for being appointed counsel; and (C) The process for requesting the appointment of counsel if the putative parent meets the eligibility requirements for being appointed counsel.

(1) Putative parent if the putative parent has demonstrated significant contact with the juvenile and the court finds the rights of the putative parent have attached.

(2) A determination on whether the rights of the putative parent have attached shall be made at the first appearance of the putative parent in the matter.

(3) Counsel shall not be appointed to a putative parent if the: (A) Court finds that the putative parent has not demonstrated significant contact with the juvenile; (B) Court finds that the rights of the putative parent have not attached; or (C) The putative parent does not appear in the matter.

(A) Court finds that the putative parent has not demonstrated significant contact with the juvenile;

(B) Court finds that the rights of the putative parent have not attached; or

(C) The putative parent does not appear in the matter.

(4) If a putative parent fails to demonstrate significant contacts with the juvenile, the court shall inform the putative parent on the following: (A) How to be considered a parent under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (B) The eligibility requirements for being appointed counsel; and (C) The process for requesting the appointment of counsel if the putative parent meets the eligibility requirements for being appointed counsel.

(A) How to be considered a parent under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.;

(B) The eligibility requirements for being appointed counsel; and

(C) The process for requesting the appointment of counsel if the putative parent meets the eligibility requirements for being appointed counsel.

(C) Counsel shall not be appointed to a party in a dependency-neglect proceeding unless: (i) The court finds that the parent, putative parent, or custodian of the juvenile is indigent; and (ii) Counsel is requested by the parent, putative parent, or custodian of the juvenile after the parent, putative parent, or custodian is informed of his or her right to be appointed counsel.

(i) The court finds that the parent, putative parent, or custodian of the juvenile is indigent; and

(ii) Counsel is requested by the parent, putative parent, or custodian of the juvenile after the parent, putative parent, or custodian is informed of his or her right to be appointed counsel.

(D) (i) Parents, putative parents, and custodians shall be advised in the dependency-neglect petition or the ex parte emergency order, whichever is sooner, and at the first appearance before the court, of the right to counsel and the right to appointed counsel, if eligible. (ii) As required under § 9-27-314 , a circuit court shall appoint counsel in an ex parte emergency order and shall determine eligibility at the commencement of the probable cause hearing.

(i) Parents, putative parents, and custodians shall be advised in the dependency-neglect petition or the ex parte emergency order, whichever is sooner, and at the first appearance before the court, of the right to counsel and the right to appointed counsel, if eligible.

(ii) As required under § 9-27-314 , a circuit court shall appoint counsel in an ex parte emergency order and shall determine eligibility at the commencement of the probable cause hearing.

(E) All parents shall have the right to be appointed counsel in termination of parental rights hearings, and the court shall appoint counsel if the court makes a finding that the parent is indigent and counsel is requested by the parent.

(F) In a dependency-neglect proceeding naming a minor parent as a defendant, the court shall appoint a qualified parent counsel for the minor parent.

(2) If at the permanency planning hearing or at any time the court establishes the goal of adoption and counsel has not yet been appointed for a parent, the court shall appoint counsel to represent the parent as provided by subdivision (h)(1)(E) of this section.

(3) (A) Except as otherwise provided by this chapter, putative parents do not have a right to appointed counsel in dependency-neglect proceedings. (B) A putative parent may be appointed counsel for a termination of parental rights proceeding if the court finds the following on the record: (i) The putative parent is indigent; (ii) The putative parent has established significant contacts with the juvenile so that putative rights attach; (iii) Due process requires appointment of counsel for a full and fair hearing for the putative parent in the termination hearing; and (iv) The putative parent requested counsel.

(A) Except as otherwise provided by this chapter, putative parents do not have a right to appointed counsel in dependency-neglect proceedings.

(B) A putative parent may be appointed counsel for a termination of parental rights proceeding if the court finds the following on the record: (i) The putative parent is indigent; (ii) The putative parent has established significant contacts with the juvenile so that putative rights attach; (iii) Due process requires appointment of counsel for a full and fair hearing for the putative parent in the termination hearing; and (iv) The putative parent requested counsel.

(i) The putative parent is indigent;

(ii) The putative parent has established significant contacts with the juvenile so that putative rights attach;

(iii) Due process requires appointment of counsel for a full and fair hearing for the putative parent in the termination hearing; and

(iv) The putative parent requested counsel.

(4) (A) A putative parent has the burden to prove paternity and significant contacts with the child. (B) The court shall make the findings required in subdivision (h)(3) of this section to determine whether a putative parent is entitled to appointed counsel at the termination hearing. (C) (i) The termination petition shall include the putative parent as provided under § 9-27-311(c)(2)(B) . (ii) The court shall appoint counsel subject to subdivision (h)(3) of this section for the putative parent at any time the court establishes adoption as the case goal with a termination of parental rights petition to be filed.

(A) A putative parent has the burden to prove paternity and significant contacts with the child.

(B) The court shall make the findings required in subdivision (h)(3) of this section to determine whether a putative parent is entitled to appointed counsel at the termination hearing.

(C) (i) The termination petition shall include the putative parent as provided under § 9-27-311(c)(2)(B) . (ii) The court shall appoint counsel subject to subdivision (h)(3) of this section for the putative parent at any time the court establishes adoption as the case goal with a termination of parental rights petition to be filed.

(i) The termination petition shall include the putative parent as provided under § 9-27-311(c)(2)(B) .

(ii) The court shall appoint counsel subject to subdivision (h)(3) of this section for the putative parent at any time the court establishes adoption as the case goal with a termination of parental rights petition to be filed.

(5) (A) The court shall order financially able parents or custodians to pay all or part of reasonable attorney's fees and expenses for court-appointed representation after review by the court of an affidavit of financial means completed and verified by the parent or custodian and a determination by the court of an ability to pay. (B) (i) All moneys collected by the clerk under this subsection shall be retained by the clerk and deposited into a special fund to be known as the "Juvenile Court Representation Fund". (ii) The court may direct that money from the fund be used in providing counsel for indigent parents or custodians at the trial level in dependency-neglect proceedings. (iii) Upon a determination of indigency and a finding by the court that the fund does not have sufficient funds to pay reasonable attorney's fees and expenses incurred at the trial court level and state funds have been exhausted, the court may order the county to pay these reasonable fees and expenses until the state provides funding for counsel.

(A) The court shall order financially able parents or custodians to pay all or part of reasonable attorney's fees and expenses for court-appointed representation after review by the court of an affidavit of financial means completed and verified by the parent or custodian and a determination by the court of an ability to pay.

(B) (i) All moneys collected by the clerk under this subsection shall be retained by the clerk and deposited into a special fund to be known as the "Juvenile Court Representation Fund". (ii) The court may direct that money from the fund be used in providing counsel for indigent parents or custodians at the trial level in dependency-neglect proceedings. (iii) Upon a determination of indigency and a finding by the court that the fund does not have sufficient funds to pay reasonable attorney's fees and expenses incurred at the trial court level and state funds have been exhausted, the court may order the county to pay these reasonable fees and expenses until the state provides funding for counsel.

(i) All moneys collected by the clerk under this subsection shall be retained by the clerk and deposited into a special fund to be known as the "Juvenile Court Representation Fund".

(ii) The court may direct that money from the fund be used in providing counsel for indigent parents or custodians at the trial level in dependency-neglect proceedings.

(iii) Upon a determination of indigency and a finding by the court that the fund does not have sufficient funds to pay reasonable attorney's fees and expenses incurred at the trial court level and state funds have been exhausted, the court may order the county to pay these reasonable fees and expenses until the state provides funding for counsel.

(6) (A) Appointment of counsel shall be made at a time sufficiently in advance of the court appearance to allow adequate preparation by appointed counsel and adequate consultation between the appointed counsel and the client. (B) (i) When the first appearance before the court is an emergency hearing to remove custody under § 9-27-315 , parents shall be appointed a parent counsel in a timely manner for meaningful representation until eligibility for appointed counsel is determined by the court under subdivision (h)(1)(B) of this section. (ii) If in the interest of time or availability of qualified parent counsel it becomes necessary for a provisional parent counsel or counsel other than the parent counsel originally appointed under subdivision (h)(1)(B) of this section, a substitute parent counsel shall be appointed.

(A) Appointment of counsel shall be made at a time sufficiently in advance of the court appearance to allow adequate preparation by appointed counsel and adequate consultation between the appointed counsel and the client.

(B) (i) When the first appearance before the court is an emergency hearing to remove custody under § 9-27-315 , parents shall be appointed a parent counsel in a timely manner for meaningful representation until eligibility for appointed counsel is determined by the court under subdivision (h)(1)(B) of this section. (ii) If in the interest of time or availability of qualified parent counsel it becomes necessary for a provisional parent counsel or counsel other than the parent counsel originally appointed under subdivision (h)(1)(B) of this section, a substitute parent counsel shall be appointed.

(i) When the first appearance before the court is an emergency hearing to remove custody under § 9-27-315 , parents shall be appointed a parent counsel in a timely manner for meaningful representation until eligibility for appointed counsel is determined by the court under subdivision (h)(1)(B) of this section.

(ii) If in the interest of time or availability of qualified parent counsel it becomes necessary for a provisional parent counsel or counsel other than the parent counsel originally appointed under subdivision (h)(1)(B) of this section, a substitute parent counsel shall be appointed.

(7) The attorney for the parent or custodian shall be provided access to all records relevant to the juvenile's case, including without limitation school records, medical records, all court records relating to the juvenile and his or her family, and department records relating to the juvenile and his or her family, including those maintained electronically and in the Children's Reporting and Information System, to which the parent or custodian is entitled under state and federal law.

(8) (A) In all cases where a court has determined that appointed counsel for an indigent parent or custodian is necessary under this subsection, the court shall appoint counsel in compliance with federal law and Supreme Court Administrative Order No. 15. (B) When a court orders payment of funds for parent counsel on behalf of an indigent parent or custodian from a state contract, the court shall make written findings in the appointment order in compliance with this section.

(A) In all cases where a court has determined that appointed counsel for an indigent parent or custodian is necessary under this subsection, the court shall appoint counsel in compliance with federal law and Supreme Court Administrative Order No. 15.

(B) When a court orders payment of funds for parent counsel on behalf of an indigent parent or custodian from a state contract, the court shall make written findings in the appointment order in compliance with this section.

Amended by Act 2023, No. 363,§ 31, eff. 8/1/2023.

Amended by Act 2021, No. 815,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 541,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 861,§ 4, eff. 8/1/2017

Amended by Act 2017, No. 861,§ 3, eff. 8/1/2017

Amended by Act 2017, No. 861,§ 2, eff. 8/1/2017

Amended by Act 2015, No. 1022,§ 2, eff. 7/22/2015

Amended by Act 2015, No. 1017,§ 9, eff. 7/22/2015

Amended by Act 2015, No. 1017,§ 8, eff. 7/22/2015

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

Amended by Act 2015, No. 1017,§ 6, eff. 7/22/2015

Amended by Act 2013, No. 761,§ 2, eff. 8/16/2013

Acts 1989, No. 273, § 15; 1997, No. 1227, § 4; 1999, No. 1192, § 14; 1999, No. 1340, § 13; 2001, No. 987, § 2; 2001, No. 1503, § 4; 2003, No. 1166, § 9; 2003, No. 1809, § 2; 2005, No. 1990, § 8; 2011, No. 1175, § 4
Ark. Code Ann. § 9-11-405 — AR Code / Title 9 / Chapter 11 / Subchapter 4 / Section 9-11-405
Amendment or revocation
Status: in_force

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration. Acts 1987, No. 715, § 5

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

Acts 1987, No. 715, § 5
Ark. Code Ann. § 9-26-222 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-222
Effect on existing custodianships
Status: in_force

(a) Any transfer of custodial property as now defined in this subchapter made before March 21, 1985, shall be validated notwithstanding that there was no specific authority in the Arkansas Uniform Gifts to Minors Act [repealed] for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made. (b) This subchapter shall apply to all transfers made before March 21, 1985, in a manner and form prescribed in the Arkansas Uniform Gifts to Minors Act [repealed], except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on March 21, 1985. (c) Sections 9-26-201 and 9-26-220 , with respect to the age of a minor for whom custodial property is held under this subchapter, shall not apply to custodial property held in a custodianship that terminated because of the minor's attainment of the age of majority under prior law and before March 21, 1985. Acts 1985, No. 476, § 22; A.S.A. 1947, § 50-955

(a) Any transfer of custodial property as now defined in this subchapter made before March 21, 1985, shall be validated notwithstanding that there was no specific authority in the Arkansas Uniform Gifts to Minors Act [repealed] for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.

(b) This subchapter shall apply to all transfers made before March 21, 1985, in a manner and form prescribed in the Arkansas Uniform Gifts to Minors Act [repealed], except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on March 21, 1985.

(c) Sections 9-26-201 and 9-26-220 , with respect to the age of a minor for whom custodial property is held under this subchapter, shall not apply to custodial property held in a custodianship that terminated because of the minor's attainment of the age of majority under prior law and before March 21, 1985.

Acts 1985, No. 476, § 22; A.S.A. 1947, § 50-955
Ark. Code Ann. § 9-9-221 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-221
Uniformity of interpretation
Status: in_force

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Acts 1977, No. 735, § 21; A.S.A. 1947, § 56-221

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Acts 1977, No. 735, § 21; A.S.A. 1947, § 56-221