Ark. Code Ann. § 9-14-503 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-503
Minor children - Certain provisions denying or restricting coverage void
Status: in_force

(a) (1) No contract of individual or group healthcare coverage sold, delivered, issued for delivery, renewed, or offered for sale in this state by any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation shall, directly or indirectly, restrict or deny healthcare coverage due to the fact that the minor child does not reside with the noncustodial parent or that the parent-child relationship was established through a paternity action or that the minor child is covered through the state-administered Medicaid program or that the minor child is not claimed as a dependent on the noncustodial parent's federal or state income tax return. (2) (A) Furthermore, no insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation shall, directly or indirectly, restrict or deny benefits to a minor child because the child lives outside of its service area. (B) Benefits provided outside the service area shall be in accordance with the terms and conditions of the healthcare plan. (b) (1) Each contract of individual or group healthcare coverage sold, delivered, issued for delivery, renewed, or offered for sale in this state by any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation shall provide for the immediate enrollment of the minor child or children. (2) The minor child shall be enrolled immediately in the noncustodial parent's healthcare plan upon submission of the notice as provided in § 9-14-511 or, in cases being enforced under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, as required in § 9-14-516 . (c) Except for nonpayment of premium, no contract of individual or group healthcare coverage sold, delivered, issued for delivery, renewed, or offered for sale in this state by any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation shall permit, directly or indirectly, the removal of a minor child from enrollment for coverage unless the insurer has received evidence in writing that the court or administrative order providing for the healthcare coverage is no longer in effect or that the child is or will be enrolled in comparable healthcare coverage through another insurer that will take effect not later than the effective date of such disenrollment. (d) No contract of individual or group healthcare coverage sold, delivered, issued for delivery, renewed, or offered for sale in this state by any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation shall, directly or indirectly, impose requirements on the office that are any different from those applicable to any other agent or assignee assigned the rights of a person eligible for medical assistance under this section and covered for health benefits from the insurer. (e) Any insurance policy provision that would deny or restrict coverage to a minor child under such circumstances shall be void as against public policy. Acts 1991, No. 368, § 3; 1993, No. 1242, § 14; 1995, No. 1179, § 2; 2003, No. 1020, § 9

(a) (1) No contract of individual or group healthcare coverage sold, delivered, issued for delivery, renewed, or offered for sale in this state by any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation shall, directly or indirectly, restrict or deny healthcare coverage due to the fact that the minor child does not reside with the noncustodial parent or that the parent-child relationship was established through a paternity action or that the minor child is covered through the state-administered Medicaid program or that the minor child is not claimed as a dependent on the noncustodial parent's federal or state income tax return. (2) (A) Furthermore, no insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation shall, directly or indirectly, restrict or deny benefits to a minor child because the child lives outside of its service area. (B) Benefits provided outside the service area shall be in accordance with the terms and conditions of the healthcare plan.

(1) No contract of individual or group healthcare coverage sold, delivered, issued for delivery, renewed, or offered for sale in this state by any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation shall, directly or indirectly, restrict or deny healthcare coverage due to the fact that the minor child does not reside with the noncustodial parent or that the parent-child relationship was established through a paternity action or that the minor child is covered through the state-administered Medicaid program or that the minor child is not claimed as a dependent on the noncustodial parent's federal or state income tax return.

(2) (A) Furthermore, no insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation shall, directly or indirectly, restrict or deny benefits to a minor child because the child lives outside of its service area. (B) Benefits provided outside the service area shall be in accordance with the terms and conditions of the healthcare plan.

(A) Furthermore, no insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation shall, directly or indirectly, restrict or deny benefits to a minor child because the child lives outside of its service area.

(B) Benefits provided outside the service area shall be in accordance with the terms and conditions of the healthcare plan.

(b) (1) Each contract of individual or group healthcare coverage sold, delivered, issued for delivery, renewed, or offered for sale in this state by any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation shall provide for the immediate enrollment of the minor child or children. (2) The minor child shall be enrolled immediately in the noncustodial parent's healthcare plan upon submission of the notice as provided in § 9-14-511 or, in cases being enforced under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, as required in § 9-14-516 .

(1) Each contract of individual or group healthcare coverage sold, delivered, issued for delivery, renewed, or offered for sale in this state by any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation shall provide for the immediate enrollment of the minor child or children.

(2) The minor child shall be enrolled immediately in the noncustodial parent's healthcare plan upon submission of the notice as provided in § 9-14-511 or, in cases being enforced under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, as required in § 9-14-516 .

(c) Except for nonpayment of premium, no contract of individual or group healthcare coverage sold, delivered, issued for delivery, renewed, or offered for sale in this state by any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation shall permit, directly or indirectly, the removal of a minor child from enrollment for coverage unless the insurer has received evidence in writing that the court or administrative order providing for the healthcare coverage is no longer in effect or that the child is or will be enrolled in comparable healthcare coverage through another insurer that will take effect not later than the effective date of such disenrollment.

(d) No contract of individual or group healthcare coverage sold, delivered, issued for delivery, renewed, or offered for sale in this state by any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation shall, directly or indirectly, impose requirements on the office that are any different from those applicable to any other agent or assignee assigned the rights of a person eligible for medical assistance under this section and covered for health benefits from the insurer.

(e) Any insurance policy provision that would deny or restrict coverage to a minor child under such circumstances shall be void as against public policy.

Acts 1991, No. 368, § 3; 1993, No. 1242, § 14; 1995, No. 1179, § 2; 2003, No. 1020, § 9
Ark. Code Ann. § 9-27-333 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-333
Disposition - Family in need of services - Limitations - Definitions
Status: in_force

(a) At least five (5) working days before ordering the Department of Human Services, excluding community-based providers, to provide or pay for family services, the circuit court shall fax a written notice of intent to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the Department of Human Services. (b) At any hearing in which the department is ordered to provide family services, the court shall provide the department with the opportunity to be heard. (c) Failure to provide at least five (5) working days' notice to the department renders any part of the order pertaining to the department void. (d) (1) For purposes of this section, the court shall not specify a particular provider for placement or family services when the department is the payor or provider. (2) (A) The court may order a child to remain in a placement if the court finds the placement is in the best interest of the child after hearing evidence from all parties. (B) A court may also order a child to be placed into a licensed or approved placement after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties. (e) (1) In all cases in which family services are ordered, the court shall determine a parent's, guardian's, or custodian's ability to pay, in whole or in part, for these services. (2) This determination and the evidence supporting it shall be made in writing in the order ordering family services. (3) If the court determines that the parent, guardian, or custodian is able to pay, in whole or part, for the services, the court shall enter a written order setting forth the amount the parent, guardian, or custodian can pay for the family services ordered and ordering the parent, guardian, or custodian to pay the amount periodically to the provider from whom family services are received. (4) For purposes of this subsection: (A) "Parent, guardian, and custodian" means the individual or individuals from whom custody was removed; and (B) "Periodically" means no more than one (1) time per month. (5) In making its determination, the court shall consider the following factors: (A) The financial ability of the parent, both parents, the guardian, or the custodian to pay for the services; (B) The past efforts of the parent, both parents, the guardian, or the custodian to correct the conditions that resulted in the need for family services; and (C) Any other factors the court deems relevant. (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 social worker who is approved to do home studies and submitted to the court in writing and the court determines that the placement is in the best interest of the juvenile. (g) 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. (h) No court may commit a juvenile found solely in criminal contempt to the Division of Youth Services. (i) For purposes of this section, the court shall not order the department to expend or forward Social Security benefits for which the department is payee. Amended by Act 2019, No. 910,§ 5132, eff. 7/1/2019. Acts 1989, No. 273, § 32; 1997, No. 1227, § 9; 2003, No. 1319, § 27; 2003, No. 1809, § 10; 2005, No. 1990, §§ 13, 14; 2007, No. 587, § 18; 2009, No. 956, § 14; 2011, No. 1175, § 6

(a) At least five (5) working days before ordering the Department of Human Services, excluding community-based providers, to provide or pay for family services, the circuit court shall fax a written notice of intent to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the Department of Human Services.

(b) At any hearing in which the department is ordered to provide family services, the court shall provide the department with the opportunity to be heard.

(c) Failure to provide at least five (5) working days' notice to the department renders any part of the order pertaining to the department void.

(d) (1) For purposes of this section, the court shall not specify a particular provider for placement or family services when the department is the payor or provider. (2) (A) The court may order a child to remain in a placement if the court finds the placement is in the best interest of the child after hearing evidence from all parties. (B) A court may also order a child to be placed into a licensed or approved placement after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties.

(1) For purposes of this section, the court shall not specify a particular provider for placement or family services when the department is the payor or provider.

(2) (A) The court may order a child to remain in a placement if the court finds the placement is in the best interest of the child after hearing evidence from all parties. (B) A court may also order a child to be placed into a licensed or approved placement after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties.

(A) The court may order a child to remain in a placement if the court finds the placement is in the best interest of the child after hearing evidence from all parties.

(B) A court may also order a child to be placed into a licensed or approved placement after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties.

(e) (1) In all cases in which family services are ordered, the court shall determine a parent's, guardian's, or custodian's ability to pay, in whole or in part, for these services. (2) This determination and the evidence supporting it shall be made in writing in the order ordering family services. (3) If the court determines that the parent, guardian, or custodian is able to pay, in whole or part, for the services, the court shall enter a written order setting forth the amount the parent, guardian, or custodian can pay for the family services ordered and ordering the parent, guardian, or custodian to pay the amount periodically to the provider from whom family services are received. (4) For purposes of this subsection: (A) "Parent, guardian, and custodian" means the individual or individuals from whom custody was removed; and (B) "Periodically" means no more than one (1) time per month. (5) In making its determination, the court shall consider the following factors: (A) The financial ability of the parent, both parents, the guardian, or the custodian to pay for the services; (B) The past efforts of the parent, both parents, the guardian, or the custodian to correct the conditions that resulted in the need for family services; and (C) Any other factors the court deems relevant.

(1) In all cases in which family services are ordered, the court shall determine a parent's, guardian's, or custodian's ability to pay, in whole or in part, for these services.

(2) This determination and the evidence supporting it shall be made in writing in the order ordering family services.

(3) If the court determines that the parent, guardian, or custodian is able to pay, in whole or part, for the services, the court shall enter a written order setting forth the amount the parent, guardian, or custodian can pay for the family services ordered and ordering the parent, guardian, or custodian to pay the amount periodically to the provider from whom family services are received.

(4) For purposes of this subsection: (A) "Parent, guardian, and custodian" means the individual or individuals from whom custody was removed; and (B) "Periodically" means no more than one (1) time per month.

(A) "Parent, guardian, and custodian" means the individual or individuals from whom custody was removed; and

(B) "Periodically" means no more than one (1) time per month.

(5) In making its determination, the court shall consider the following factors: (A) The financial ability of the parent, both parents, the guardian, or the custodian to pay for the services; (B) The past efforts of the parent, both parents, the guardian, or the custodian to correct the conditions that resulted in the need for family services; and (C) Any other factors the court deems relevant.

(A) The financial ability of the parent, both parents, the guardian, or the custodian to pay for the services;

(B) The past efforts of the parent, both parents, the guardian, or the custodian to correct the conditions that resulted in the need for family services; and

(C) Any other factors the court deems relevant.

(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 social worker who is approved to do home studies and submitted to the court in writing and the court determines that the placement is in the best interest of the juvenile.

(g) 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.

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

(i) For purposes of this section, the court shall not order the department to expend or forward Social Security benefits for which the department is payee.

Amended by Act 2019, No. 910,§ 5132, eff. 7/1/2019.

Acts 1989, No. 273, § 32; 1997, No. 1227, § 9; 2003, No. 1319, § 27; 2003, No. 1809, § 10; 2005, No. 1990, §§ 13, 14; 2007, No. 587, § 18; 2009, No. 956, § 14; 2011, No. 1175, § 6
Ark. Code Ann. § 9-10-112 — AR Code / Title 9 / Chapter 10 / Subchapter 1 / Section 9-10-112
Income withholding - Delinquent noncustodial parent
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, all persons under court order on August 1, 1985, to pay support who become delinquent thereunder in an amount equal to the total court-ordered support payable for thirty (30) days shall be subject to income withholding. (2) (A) In all orders that provide for the payment of money for the support of any child, the circuit court shall include a provision directing a payor to deduct from money, income, or periodic earnings due the noncustodial parent an amount that is sufficient to meet the periodic child support payments imposed by the court, plus an additional amount of not less than twenty percent (20%) of the periodic child support payment to be applied toward liquidation of any accrued arrearage due under the order. (B) The use of income withholding does not constitute an election of remedies and does not preclude the use of other enforcement remedies. (b) (1) Beginning October 1, 1989, in all cases brought pursuant to Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., the support orders issued or modified shall include a provision for immediate implementation of income withholding, absent a finding of good cause not to require immediate income withholding or a written agreement of the parties incorporated in the order setting forth an alternative agreement. Otherwise, it shall become effective under subsection (a) of this section following the procedure set forth in subsection (c) of this section, or as provided in subsection (d) of this section. (2) Beginning January 1, 1994, all support orders issued or modified shall include a provision for immediate implementation of income withholding absent a finding of good cause not to require immediate income withholding or a written agreement of the parties incorporated in the order setting forth an alternative agreement. (3) In all non-Title IV-D cases brought prior to January 1, 1994, the support order may include a provision for immediate implementation of income withholding, absent a finding of good cause not to require immediate withholding or a written agreement of the parties incorporated in the order setting forth an alternative agreement. The judge of each division shall determine if all support orders shall be subject to the provisions of this section and shall enter a standing order setting forth the treatment of non-Title IV-D cases in that division prior to January 1, 1994. (c) In activating an order of income withholding that did not become effective immediately, the court shall follow the same procedures and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the circuit court. (d) In cases brought pursuant to Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., with support orders effective prior to October 1, 1989, income withholding may take effect immediately in any child support case at the request or upon the consent of the noncustodial parent. Acts 1983, No. 592, § 1; 1985, No. 988, § 3; A.S.A. 1947, § 34-706.2; Acts 1989, No. 948, § 1; 1991, No. 1095, § 1; 1993, No. 396, § 3; 2003, No. 1020, § 1

(a) (1) Except as provided in subsection (b) of this section, all persons under court order on August 1, 1985, to pay support who become delinquent thereunder in an amount equal to the total court-ordered support payable for thirty (30) days shall be subject to income withholding. (2) (A) In all orders that provide for the payment of money for the support of any child, the circuit court shall include a provision directing a payor to deduct from money, income, or periodic earnings due the noncustodial parent an amount that is sufficient to meet the periodic child support payments imposed by the court, plus an additional amount of not less than twenty percent (20%) of the periodic child support payment to be applied toward liquidation of any accrued arrearage due under the order. (B) The use of income withholding does not constitute an election of remedies and does not preclude the use of other enforcement remedies.

(1) Except as provided in subsection (b) of this section, all persons under court order on August 1, 1985, to pay support who become delinquent thereunder in an amount equal to the total court-ordered support payable for thirty (30) days shall be subject to income withholding.

(2) (A) In all orders that provide for the payment of money for the support of any child, the circuit court shall include a provision directing a payor to deduct from money, income, or periodic earnings due the noncustodial parent an amount that is sufficient to meet the periodic child support payments imposed by the court, plus an additional amount of not less than twenty percent (20%) of the periodic child support payment to be applied toward liquidation of any accrued arrearage due under the order. (B) The use of income withholding does not constitute an election of remedies and does not preclude the use of other enforcement remedies.

(A) In all orders that provide for the payment of money for the support of any child, the circuit court shall include a provision directing a payor to deduct from money, income, or periodic earnings due the noncustodial parent an amount that is sufficient to meet the periodic child support payments imposed by the court, plus an additional amount of not less than twenty percent (20%) of the periodic child support payment to be applied toward liquidation of any accrued arrearage due under the order.

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

(b) (1) Beginning October 1, 1989, in all cases brought pursuant to Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., the support orders issued or modified shall include a provision for immediate implementation of income withholding, absent a finding of good cause not to require immediate income withholding or a written agreement of the parties incorporated in the order setting forth an alternative agreement. Otherwise, it shall become effective under subsection (a) of this section following the procedure set forth in subsection (c) of this section, or as provided in subsection (d) of this section. (2) Beginning January 1, 1994, all support orders issued or modified shall include a provision for immediate implementation of income withholding absent a finding of good cause not to require immediate income withholding or a written agreement of the parties incorporated in the order setting forth an alternative agreement. (3) In all non-Title IV-D cases brought prior to January 1, 1994, the support order may include a provision for immediate implementation of income withholding, absent a finding of good cause not to require immediate withholding or a written agreement of the parties incorporated in the order setting forth an alternative agreement. The judge of each division shall determine if all support orders shall be subject to the provisions of this section and shall enter a standing order setting forth the treatment of non-Title IV-D cases in that division prior to January 1, 1994.

(1) Beginning October 1, 1989, in all cases brought pursuant to Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., the support orders issued or modified shall include a provision for immediate implementation of income withholding, absent a finding of good cause not to require immediate income withholding or a written agreement of the parties incorporated in the order setting forth an alternative agreement. Otherwise, it shall become effective under subsection (a) of this section following the procedure set forth in subsection (c) of this section, or as provided in subsection (d) of this section.

(2) Beginning January 1, 1994, all support orders issued or modified shall include a provision for immediate implementation of income withholding absent a finding of good cause not to require immediate income withholding or a written agreement of the parties incorporated in the order setting forth an alternative agreement.

(3) In all non-Title IV-D cases brought prior to January 1, 1994, the support order may include a provision for immediate implementation of income withholding, absent a finding of good cause not to require immediate withholding or a written agreement of the parties incorporated in the order setting forth an alternative agreement. The judge of each division shall determine if all support orders shall be subject to the provisions of this section and shall enter a standing order setting forth the treatment of non-Title IV-D cases in that division prior to January 1, 1994.

(c) In activating an order of income withholding that did not become effective immediately, the court shall follow the same procedures and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the circuit court.

(d) In cases brought pursuant to Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., with support orders effective prior to October 1, 1989, income withholding may take effect immediately in any child support case at the request or upon the consent of the noncustodial parent.

Acts 1983, No. 592, § 1; 1985, No. 988, § 3; A.S.A. 1947, § 34-706.2; Acts 1989, No. 948, § 1; 1991, No. 1095, § 1; 1993, No. 396, § 3; 2003, No. 1020, § 1
Ark. Code Ann. § 9-11-704 — AR Code / Title 9 / Chapter 11 / Subchapter 7 / Section 9-11-704
Marriages solemnized out of county
Status: in_force

(a) All marriages between persons authorized to contract marriage and solemnized prior to March 31, 1885, by any justice of the peace, or any other person authorized by law to solemnize the rites of matrimony, of any county in any other county in this state, and the persons afterwards lived together as husband and wife, are declared to be legal and their children legitimate. (b) All marriages so solemnized prior to March 31, 1885, by any justice of the peace, or any other person authorized by law to solemnize the rites of matrimony, of any county in any other county are legalized and made as binding between the married persons in every respect as if the rites of matrimony had been solemnized by a justice of the peace of the county where the marriage was solemnized. Acts 1885, No. 110, §§ 1, 2, p. 182; C. & M. Dig., §§ 7070, 7071; Pope's Dig., §§ 9052, 9053; A.S.A. 1947, §§ 55-233, 55-234

(a) All marriages between persons authorized to contract marriage and solemnized prior to March 31, 1885, by any justice of the peace, or any other person authorized by law to solemnize the rites of matrimony, of any county in any other county in this state, and the persons afterwards lived together as husband and wife, are declared to be legal and their children legitimate.

(b) All marriages so solemnized prior to March 31, 1885, by any justice of the peace, or any other person authorized by law to solemnize the rites of matrimony, of any county in any other county are legalized and made as binding between the married persons in every respect as if the rites of matrimony had been solemnized by a justice of the peace of the county where the marriage was solemnized.

Acts 1885, No. 110, §§ 1, 2, p. 182; C. & M. Dig., §§ 7070, 7071; Pope's Dig., §§ 9052, 9053; A.S.A. 1947, §§ 55-233, 55-234
Ark. Code Ann. § 9-9-701 — AR Code / Title 9 / Chapter 9 / Subchapter 7 / Section 9-9-701
Streamlined adoptions by the Department of Human Services
Status: in_force

(a) (1) A family who adopts a child from the Department of Human Services shall be eligible for the streamlined adoption process if the family chooses to adopt another child from the department and the department selects the family to be the adoptive parents of a child in the custody of the department. (2) The adoptive family is not eligible for the streamlined adoption process if more than five (5) years have passed since the adoptive family finalized the adoption of a child placed by the department in the adoptive home. (b) Upon contact by the adoptive family, the department shall: (1) (A) Obtain a copy of the original home study completed on the adoptive family. (B) If needed, the department shall unseal the adoption file from the previous adoption pursuant to § 9-9-217(a) in order to obtain a copy of the original home study on the adoptive family; and (2) Complete an update to the original home study within forty-five (45) business days from contact by the adoptive family. (c) The adoptive family shall be required to obtain updated criminal background checks and central registry checks as outlined in this chapter. (d) The department shall not require the adoptive family to attend training. (e) The department shall place the adoptive family in the pool of waiting adoptive families eligible to adopt a child from the department upon: (1) Completion of the updated home study that is favorable; and (2) Receipt of the: (A) Criminal background check; and (B) Central registry check. (f) (1) A family who has a foster child in its home who was placed by the department shall be eligible for the streamlined adoption process if the department selects the foster family to be the adoptive family of the foster child. (2) Upon selection, the department shall complete the adoptive home study within forty-five (45) business days. (3) The department shall not require the foster family to attend training. Acts 2005, No. 1685, § 1; 2007, No. 539, § 6

(a) (1) A family who adopts a child from the Department of Human Services shall be eligible for the streamlined adoption process if the family chooses to adopt another child from the department and the department selects the family to be the adoptive parents of a child in the custody of the department. (2) The adoptive family is not eligible for the streamlined adoption process if more than five (5) years have passed since the adoptive family finalized the adoption of a child placed by the department in the adoptive home.

(1) A family who adopts a child from the Department of Human Services shall be eligible for the streamlined adoption process if the family chooses to adopt another child from the department and the department selects the family to be the adoptive parents of a child in the custody of the department.

(2) The adoptive family is not eligible for the streamlined adoption process if more than five (5) years have passed since the adoptive family finalized the adoption of a child placed by the department in the adoptive home.

(b) Upon contact by the adoptive family, the department shall: (1) (A) Obtain a copy of the original home study completed on the adoptive family. (B) If needed, the department shall unseal the adoption file from the previous adoption pursuant to § 9-9-217(a) in order to obtain a copy of the original home study on the adoptive family; and (2) Complete an update to the original home study within forty-five (45) business days from contact by the adoptive family.

(1) (A) Obtain a copy of the original home study completed on the adoptive family. (B) If needed, the department shall unseal the adoption file from the previous adoption pursuant to § 9-9-217(a) in order to obtain a copy of the original home study on the adoptive family; and

(A) Obtain a copy of the original home study completed on the adoptive family.

(B) If needed, the department shall unseal the adoption file from the previous adoption pursuant to § 9-9-217(a) in order to obtain a copy of the original home study on the adoptive family; and

(2) Complete an update to the original home study within forty-five (45) business days from contact by the adoptive family.

(c) The adoptive family shall be required to obtain updated criminal background checks and central registry checks as outlined in this chapter.

(d) The department shall not require the adoptive family to attend training.

(e) The department shall place the adoptive family in the pool of waiting adoptive families eligible to adopt a child from the department upon: (1) Completion of the updated home study that is favorable; and (2) Receipt of the: (A) Criminal background check; and (B) Central registry check.

(1) Completion of the updated home study that is favorable; and

(2) Receipt of the: (A) Criminal background check; and (B) Central registry check.

(A) Criminal background check; and

(B) Central registry check.

(f) (1) A family who has a foster child in its home who was placed by the department shall be eligible for the streamlined adoption process if the department selects the foster family to be the adoptive family of the foster child. (2) Upon selection, the department shall complete the adoptive home study within forty-five (45) business days. (3) The department shall not require the foster family to attend training.

(1) A family who has a foster child in its home who was placed by the department shall be eligible for the streamlined adoption process if the department selects the foster family to be the adoptive family of the foster child.

(2) Upon selection, the department shall complete the adoptive home study within forty-five (45) business days.

(3) The department shall not require the foster family to attend training.

Acts 2005, No. 1685, § 1; 2007, No. 539, § 6
Ark. Code Ann. § 9-31-202 — AR Code / Title 9 / Chapter 31 / Subchapter 2 / Section 9-31-202
Objectives and duties
Status: in_force

The ADEPT program shall: (1) (A) Provide services to adjudicated and nonadjudicated juveniles on a nonresidential and a residential basis. (B) The target population to be served by this type of program shall be defined by the Secretary of the Department of Human Services; (2) Establish three (3) initial service delivery sites; (3) Place a priority on treating youths and their families on a nonresidential basis; (4) Maintain a record of all referrals; (5) Provide the results of assessments, diagnoses, evaluations, and treatment and placement recommendations for all court-referred youths to the courts that referred the youths to the ADEPT program; (6) Train local providers to conduct initial assessments for youths and their families in the program; (7) Provide diagnoses, evaluations, and treatment and placement recommendations by using a team of M.D. and Ph.D. adolescent specialists, masters of social work, and other treatment professionals; (8) Maintain a case file on each youth receiving ADEPT services; (9) Develop a case plan for each youth who enters the ADEPT treatment system; (10) Screen clients with a high risk of alcohol use for recent alcohol use and research the use of alcohol and its relation to attention deficit disorders and other diseases that adversely affect the behavior patterns of youths; (11) Place a priority on using the least costly treatment methods and seek funding support from sources, including, but not limited to, Medicaid; (12) Submit monthly reports to the secretary that include intake, closure, and follow-up data; (13) Provide quarterly reports to the secretary and to the Bureau of Legislative Research; and (14) Submit an annual report to the secretary and to the bureau summarizing the monthly reports and additional information, including, but not limited to, the types of problems identified, treatment services provided, and any identifiable service future needs. Amended by Act 2019, No. 910,§ 5149, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5148, eff. 7/1/2019. Acts 1994 (2nd Ex. Sess.), No. 23, § 2

The ADEPT program shall:

(1) (A) Provide services to adjudicated and nonadjudicated juveniles on a nonresidential and a residential basis. (B) The target population to be served by this type of program shall be defined by the Secretary of the Department of Human Services;

(A) Provide services to adjudicated and nonadjudicated juveniles on a nonresidential and a residential basis.

(B) The target population to be served by this type of program shall be defined by the Secretary of the Department of Human Services;

(2) Establish three (3) initial service delivery sites;

(3) Place a priority on treating youths and their families on a nonresidential basis;

(4) Maintain a record of all referrals;

(5) Provide the results of assessments, diagnoses, evaluations, and treatment and placement recommendations for all court-referred youths to the courts that referred the youths to the ADEPT program;

(6) Train local providers to conduct initial assessments for youths and their families in the program;

(7) Provide diagnoses, evaluations, and treatment and placement recommendations by using a team of M.D. and Ph.D. adolescent specialists, masters of social work, and other treatment professionals;

(8) Maintain a case file on each youth receiving ADEPT services;

(9) Develop a case plan for each youth who enters the ADEPT treatment system;

(10) Screen clients with a high risk of alcohol use for recent alcohol use and research the use of alcohol and its relation to attention deficit disorders and other diseases that adversely affect the behavior patterns of youths;

(11) Place a priority on using the least costly treatment methods and seek funding support from sources, including, but not limited to, Medicaid;

(12) Submit monthly reports to the secretary that include intake, closure, and follow-up data;

(13) Provide quarterly reports to the secretary and to the Bureau of Legislative Research; and

(14) Submit an annual report to the secretary and to the bureau summarizing the monthly reports and additional information, including, but not limited to, the types of problems identified, treatment services provided, and any identifiable service future needs.

Amended by Act 2019, No. 910,§ 5149, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5148, eff. 7/1/2019.

Acts 1994 (2nd Ex. Sess.), No. 23, § 2
Ark. Code Ann. § 9-30-104 — AR Code / Title 9 / Chapter 30 / Section 9-30-104
[Repealed]
Status: repealed

Repealed by Act 2017, No. 897,§ 6, eff. 7/1/2017 Acts 1987, No. 397, §§ 4, 5; 1997, No. 250, § 54; 2005, No. 166, § 1

Repealed by Act 2017, No. 897,§ 6, eff. 7/1/2017

Acts 1987, No. 397, §§ 4, 5; 1997, No. 250, § 54; 2005, No. 166, § 1
Ark. Code Ann. § 9-28-301 — AR Code / Title 9 / Chapter 28 / Subchapter 3 / Section 9-28-301
Inspections - Timing - Report - Audit
Status: in_force

(a) In order to assure that juveniles committed to facilities operated by or under contract with the Division of Youth Services are not subject to unsafe and unsanitary living conditions, the Secretary of the Department of Human Services or a duly authorized agent is authorized to enter the controlled premises and conduct random and unannounced health inspections of the facilities. (b) (1) Inspections shall include, but shall not be limited to, compliance with: (A) Rules pertaining to general sanitation; (B) Rules pertaining to retail food establishments; (C) The Arkansas Mechanical Code of the Department of Health; (D) The Arkansas Plumbing Code and the Arkansas Natural Gas Code of the Department of Health; (E) Rules of the Arkansas State Board of Pharmacy; and (F) Rules pertaining to controlled substances. (2) If the youth services facility is not accredited by the Commission on Accreditation for Corrections, the inspection shall also include compliance with the health and safety standards contained in the applicable American Correctional Association standards manual, as in effect on January 1, 2005. (c) The inspections, while random, shall be performed at least two (2) times per calendar year with specific follow-up inspections by the Department of Health to monitor deficiencies and corrections as determined by the Department of Health. (d) The Department of Human Services shall adopt the standards in effect on January 1, 2005, published by the American Correctional Association in cooperation with the Commission on Accreditation for Corrections as it relates to health concerns. (e) (1) The Secretary of the Department of Health shall present a list of findings of the random health inspections to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth within one (1) month after completing the random health inspections. (2) (A) In the event the General Assembly is in session, the Secretary of the Department of Health shall provide the report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth. (B) The complete report, including, but not limited to, statistics shall be made available to the public. (f) (1) The Secretary of the Department of Human Services or the division shall file the report, along with a response not to exceed two (2) pages, to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth within thirty (30) days after receiving an inspection report prepared by the Department of Health. (2) In the event the General Assembly is in session, the Secretary of the Department of Human Services shall provide the response to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth. (3) The response shall include a plan of correction and suggest a means by which the Department of Human Services or the division will correct any deficiencies within thirty (30) days of the filing of the report or within the time frame determined by the Department of Health to ensure the health and safety of the juveniles housed at the facility. (g) (1) The Department of Human Services or the division shall develop an internal audit and review to evaluate and monitor all facilities of the division. (2) The Department of Health will cooperate in training or assisting the Department of Human Services or the division in developing the process as it relates to health concerns. (3) Included in its quarterly performance reports, the Department of Human Services or the division shall report on its progress to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth. (4) In the event the General Assembly is in session, the Secretary of the Department of Human Services shall provide the report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth. (h) The Secretary of the Department of Human Services shall be required to close any facility when deficiencies are deemed by the Department of Health to be a danger to the health or safety of juveniles housed at such a facility. (i) The Department of Human Services shall reimburse all expenses and costs to the Department of Health necessary to carry out the provisions of this subchapter. (j) Those facilities operated under contract with the division that are required by another provision of state or federal law to be inspected shall not be subject to the provisions of this subchapter. Amended by Act 2019, No. 910,§ 5139, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5138, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5137, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5136, eff. 7/1/2019. Acts 1999, No. 770, § 1; 2005, No. 1186, § 1

(a) In order to assure that juveniles committed to facilities operated by or under contract with the Division of Youth Services are not subject to unsafe and unsanitary living conditions, the Secretary of the Department of Human Services or a duly authorized agent is authorized to enter the controlled premises and conduct random and unannounced health inspections of the facilities.

(b) (1) Inspections shall include, but shall not be limited to, compliance with: (A) Rules pertaining to general sanitation; (B) Rules pertaining to retail food establishments; (C) The Arkansas Mechanical Code of the Department of Health; (D) The Arkansas Plumbing Code and the Arkansas Natural Gas Code of the Department of Health; (E) Rules of the Arkansas State Board of Pharmacy; and (F) Rules pertaining to controlled substances. (2) If the youth services facility is not accredited by the Commission on Accreditation for Corrections, the inspection shall also include compliance with the health and safety standards contained in the applicable American Correctional Association standards manual, as in effect on January 1, 2005.

(1) Inspections shall include, but shall not be limited to, compliance with: (A) Rules pertaining to general sanitation; (B) Rules pertaining to retail food establishments; (C) The Arkansas Mechanical Code of the Department of Health; (D) The Arkansas Plumbing Code and the Arkansas Natural Gas Code of the Department of Health; (E) Rules of the Arkansas State Board of Pharmacy; and (F) Rules pertaining to controlled substances.

(A) Rules pertaining to general sanitation;

(B) Rules pertaining to retail food establishments;

(C) The Arkansas Mechanical Code of the Department of Health;

(D) The Arkansas Plumbing Code and the Arkansas Natural Gas Code of the Department of Health;

(E) Rules of the Arkansas State Board of Pharmacy; and

(F) Rules pertaining to controlled substances.

(2) If the youth services facility is not accredited by the Commission on Accreditation for Corrections, the inspection shall also include compliance with the health and safety standards contained in the applicable American Correctional Association standards manual, as in effect on January 1, 2005.

(c) The inspections, while random, shall be performed at least two (2) times per calendar year with specific follow-up inspections by the Department of Health to monitor deficiencies and corrections as determined by the Department of Health.

(d) The Department of Human Services shall adopt the standards in effect on January 1, 2005, published by the American Correctional Association in cooperation with the Commission on Accreditation for Corrections as it relates to health concerns.

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

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

(2) (A) In the event the General Assembly is in session, the Secretary of the Department of Health shall provide the report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth. (B) The complete report, including, but not limited to, statistics shall be made available to the public.

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

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

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

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

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

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

(g) (1) The Department of Human Services or the division shall develop an internal audit and review to evaluate and monitor all facilities of the division. (2) The Department of Health will cooperate in training or assisting the Department of Human Services or the division in developing the process as it relates to health concerns. (3) Included in its quarterly performance reports, the Department of Human Services or the division shall report on its progress to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth. (4) In the event the General Assembly is in session, the Secretary of the Department of Human Services shall provide the report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth.

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

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

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

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

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

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

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

Amended by Act 2019, No. 910,§ 5139, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5138, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5137, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5136, eff. 7/1/2019.

Acts 1999, No. 770, § 1; 2005, No. 1186, § 1
Ark. Code Ann. § 9-13-107 — AR Code / Title 9 / Chapter 13 / Subchapter 1 / Section 9-13-107
Visitation rights of grandparents when parent does not have custody of child - Definitions
Status: in_force

(a) For purposes of this section: (1) "Child" means a minor under eighteen (18) years of age who is: (A) The grandchild of the petitioner; or (B) The great-grandchild of the petitioner; and (2) "Petitioner" means any individual who may petition for visitation rights under this section. (b) A grandparent or great-grandparent may petition the circuit court that granted the guardianship or custody of a child for reasonable visitation rights with respect to his or her grandchild or grandchildren or great-grandchild or great-grandchildren under this section if the child is in the custody or under the guardianship of a person other than one (1) or both of his or her natural or adoptive parents. (c) Visitation with the child may be granted only if the court determines that visitation with the petitioner is in the best interest and welfare of the child. (d) (1) An order granting or denying visitation rights to grandparents and great-grandparents under this section shall be in writing and shall state any and all factors considered by the court in its decision to grant or deny visitation. (2) (A) If the court grants visitation to the petitioner under this section, then the visitation shall be ordered and exercised in a manner consistent with an order for grandparent visitation with a child awarded under § 9-13-103 , which is distinct from a custody and visitation schedule awarded to a parent in a divorce case, unless the court makes a specific finding otherwise. (B) If the court finds that the petitioner's visitation should be restricted, limited, or expanded in any way, then the court shall include the restrictions, limitations, or expansions in the order granting visitation. (3) An order granting or denying visitation rights under this section is a final order for purposes of appeal. (4) After an order granting or denying visitation has been entered under this section, a party may petition the court for the following: (A) Contempt proceedings if one (1) party to the order fails to comply with the order; (B) To address the issue of visitation based on a change in circumstances; or (C) To address the need to add or modify restrictions or limitations to visitation previously awarded under this section. Amended by Act 2013, No. 1512,§ 1, eff. 8/16/2013 Acts 2003, No. 652, § 2

(a) For purposes of this section: (1) "Child" means a minor under eighteen (18) years of age who is: (A) The grandchild of the petitioner; or (B) The great-grandchild of the petitioner; and (2) "Petitioner" means any individual who may petition for visitation rights under this section.

(1) "Child" means a minor under eighteen (18) years of age who is: (A) The grandchild of the petitioner; or (B) The great-grandchild of the petitioner; and

(A) The grandchild of the petitioner; or

(B) The great-grandchild of the petitioner; and

(2) "Petitioner" means any individual who may petition for visitation rights under this section.

(b) A grandparent or great-grandparent may petition the circuit court that granted the guardianship or custody of a child for reasonable visitation rights with respect to his or her grandchild or grandchildren or great-grandchild or great-grandchildren under this section if the child is in the custody or under the guardianship of a person other than one (1) or both of his or her natural or adoptive parents.

(c) Visitation with the child may be granted only if the court determines that visitation with the petitioner is in the best interest and welfare of the child.

(d) (1) An order granting or denying visitation rights to grandparents and great-grandparents under this section shall be in writing and shall state any and all factors considered by the court in its decision to grant or deny visitation. (2) (A) If the court grants visitation to the petitioner under this section, then the visitation shall be ordered and exercised in a manner consistent with an order for grandparent visitation with a child awarded under § 9-13-103 , which is distinct from a custody and visitation schedule awarded to a parent in a divorce case, unless the court makes a specific finding otherwise. (B) If the court finds that the petitioner's visitation should be restricted, limited, or expanded in any way, then the court shall include the restrictions, limitations, or expansions in the order granting visitation. (3) An order granting or denying visitation rights under this section is a final order for purposes of appeal. (4) After an order granting or denying visitation has been entered under this section, a party may petition the court for the following: (A) Contempt proceedings if one (1) party to the order fails to comply with the order; (B) To address the issue of visitation based on a change in circumstances; or (C) To address the need to add or modify restrictions or limitations to visitation previously awarded under this section.

(1) An order granting or denying visitation rights to grandparents and great-grandparents under this section shall be in writing and shall state any and all factors considered by the court in its decision to grant or deny visitation.

(2) (A) If the court grants visitation to the petitioner under this section, then the visitation shall be ordered and exercised in a manner consistent with an order for grandparent visitation with a child awarded under § 9-13-103 , which is distinct from a custody and visitation schedule awarded to a parent in a divorce case, unless the court makes a specific finding otherwise. (B) If the court finds that the petitioner's visitation should be restricted, limited, or expanded in any way, then the court shall include the restrictions, limitations, or expansions in the order granting visitation.

(A) If the court grants visitation to the petitioner under this section, then the visitation shall be ordered and exercised in a manner consistent with an order for grandparent visitation with a child awarded under § 9-13-103 , which is distinct from a custody and visitation schedule awarded to a parent in a divorce case, unless the court makes a specific finding otherwise.

(B) If the court finds that the petitioner's visitation should be restricted, limited, or expanded in any way, then the court shall include the restrictions, limitations, or expansions in the order granting visitation.

(3) An order granting or denying visitation rights under this section is a final order for purposes of appeal.

(4) After an order granting or denying visitation has been entered under this section, a party may petition the court for the following: (A) Contempt proceedings if one (1) party to the order fails to comply with the order; (B) To address the issue of visitation based on a change in circumstances; or (C) To address the need to add or modify restrictions or limitations to visitation previously awarded under this section.

(A) Contempt proceedings if one (1) party to the order fails to comply with the order;

(B) To address the issue of visitation based on a change in circumstances; or

(C) To address the need to add or modify restrictions or limitations to visitation previously awarded under this section.

Amended by Act 2013, No. 1512,§ 1, eff. 8/16/2013

Acts 2003, No. 652, § 2
Ark. Code Ann. § 9-27-367 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-367
Court costs, fees, and fines
Status: in_force

(a) The juvenile division of the circuit court may order the following court costs, fees, and fines to be paid by adjudicated defendants to the circuit court juvenile division fund as provided for in § 16-13-326 : (1) The court may assess an adjudicated delinquent court costs not to exceed thirty-five dollars ($35.00) as provided under § 9-27-330(a)(6) ; (2) The court may assess an adjudicated family in need of services court costs not to exceed thirty-five dollars ($35.00) as provided under § 9-27-332(a)(8) ; (3) The court may order a probation fee for juveniles adjudicated delinquent not to exceed twenty dollars ($20.00) per month as provided under § 9-27-330(a)(5) ; (4) The court may order a juvenile service fee for an adjudicated family in need of services not to exceed twenty dollars ($20.00) per month as provided under § 9-27-332(a)(9) ; (5) The court may order a fine for adjudicated delinquents of not more than five hundred dollars ($500) as provided under § 9-27-330(a)(8) ; (6) The court may order a fine for an adjudicated family in need of services of not more than five hundred dollars ($500) as provided under § 9-27-332(a)(7) ; and (7) A juvenile intake or probation officer may charge a diversion fee limited to no more than twenty dollars ($20.00) per month as provided under § 9-27-323 . (b) The court shall direct that the juvenile division court costs and fees be collected, maintained, and accounted for in the same manner as juvenile probation and juvenile services fees as provided for in § 16-13-326 . Acts 2011, No. 1175, § 11

(a) The juvenile division of the circuit court may order the following court costs, fees, and fines to be paid by adjudicated defendants to the circuit court juvenile division fund as provided for in § 16-13-326 : (1) The court may assess an adjudicated delinquent court costs not to exceed thirty-five dollars ($35.00) as provided under § 9-27-330(a)(6) ; (2) The court may assess an adjudicated family in need of services court costs not to exceed thirty-five dollars ($35.00) as provided under § 9-27-332(a)(8) ; (3) The court may order a probation fee for juveniles adjudicated delinquent not to exceed twenty dollars ($20.00) per month as provided under § 9-27-330(a)(5) ; (4) The court may order a juvenile service fee for an adjudicated family in need of services not to exceed twenty dollars ($20.00) per month as provided under § 9-27-332(a)(9) ; (5) The court may order a fine for adjudicated delinquents of not more than five hundred dollars ($500) as provided under § 9-27-330(a)(8) ; (6) The court may order a fine for an adjudicated family in need of services of not more than five hundred dollars ($500) as provided under § 9-27-332(a)(7) ; and (7) A juvenile intake or probation officer may charge a diversion fee limited to no more than twenty dollars ($20.00) per month as provided under § 9-27-323 .

(1) The court may assess an adjudicated delinquent court costs not to exceed thirty-five dollars ($35.00) as provided under § 9-27-330(a)(6) ;

(2) The court may assess an adjudicated family in need of services court costs not to exceed thirty-five dollars ($35.00) as provided under § 9-27-332(a)(8) ;

(3) The court may order a probation fee for juveniles adjudicated delinquent not to exceed twenty dollars ($20.00) per month as provided under § 9-27-330(a)(5) ;

(4) The court may order a juvenile service fee for an adjudicated family in need of services not to exceed twenty dollars ($20.00) per month as provided under § 9-27-332(a)(9) ;

(5) The court may order a fine for adjudicated delinquents of not more than five hundred dollars ($500) as provided under § 9-27-330(a)(8) ;

(6) The court may order a fine for an adjudicated family in need of services of not more than five hundred dollars ($500) as provided under § 9-27-332(a)(7) ; and

(7) A juvenile intake or probation officer may charge a diversion fee limited to no more than twenty dollars ($20.00) per month as provided under § 9-27-323 .

(b) The court shall direct that the juvenile division court costs and fees be collected, maintained, and accounted for in the same manner as juvenile probation and juvenile services fees as provided for in § 16-13-326 .

Acts 2011, No. 1175, § 11
Ark. Code Ann. § 9-14-204 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-204
Hearings for enforcement of support orders
Status: in_force

(a) (1) Hearings in all child support cases and paternity cases brought pursuant to Title IV-D of the Social Security Act shall be heard within a reasonable period of time following service of process in each county in the state as defined in this section. (2) In each of the seventy-five (75) counties of this state, the circuit judge or judges of the judicial district for the county may designate at least one (1) day per month, and shall designate additional days each month when expedited process is not met in the preceding quarter, in each county to docket and hear matters concerning the establishment and enforcement of support orders and paternity. These dates shall be publicized in the court calendar for the judicial district each calendar year, clearly noting the county and time of day the court shall commence to sit on these matters. (3) (A) In addition, in all actions in which delinquency or other support-related noncompliance has been identified, cases brought pursuant to Title IV-D of the Social Security Act shall be completed from the time of delinquency or the location of the noncustodial parent by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, whichever is later, to the time of disposition within the following time periods within each judicial district: (i) No more than thirty (30) calendar days, if service of process is not needed; or (ii) In cases in which service of process is required, the circuit judge or judges of a judicial district shall hear and dispose of seventy-five percent (75%) of all Title IV-D cases within forty-five (45) days after filing when service is obtained. However, when there is a need for relocation of the noncustodial parent in order to achieve service, the forty-five-day time period shall not commence until the filing of the court's last order to appear and show cause or subsequent other pleading or order necessary to proceed with service. (B) In addition, in all Title IV-D actions: (i) The sheriff of the county in which the case is filed shall use diligent efforts to obtain service of process on the noncustodial parent within ten (10) days from the date of a service request and, if service of process is not accomplished within ten (10) days, the sheriff shall return the service papers to the requesting party and note specifically the reasons for nonservice. The return shall be filed with the circuit clerk within eleven (11) days of the request for service whether the return is based on service or nonservice; and (ii) Pursuant to § 16-20-101 , the clerk of the court shall file or docket all Title IV-D cases, pleadings, and orders on the date received, but no later than the close of business the following business day after the cases, pleadings, or orders are received in the clerk's office. Filed cases, pleadings, orders, or court documents in all Title IV-D cases shall be returned or made available to the filing party immediately thereafter. (C) (i) All actions to establish paternity and support obligations in cases brought pursuant to Title IV-D of the Social Security Act shall be completed from the time of service to the time of disposition within the following time periods within each judicial district: (a) Seventy-five percent (75%) in six (6) months; and (b) Ninety percent (90%) in twelve (12) months. (ii) When calculating these rates of disposition: (a) The percentages will be based upon a comparison of all disposed cases to the total of all filed cases for the preceding quarter within each judicial district that have been brought pursuant to Title IV-D of the Social Security Act; and (b) In any jurisdiction in which twenty (20) or fewer Title IV-D cases have been filed during the preceding quarter, when applying the percentages set forth in subdivision (a)(3)(C)(i) of this section, the next lowest whole number will be utilized for purposes of the measurement of compliance. (D) These calculations will be for the quarter ending April 1, 1995, and each three (3) months thereafter. (b) (1) (A) The circuit judge or judges of a judicial district shall provide for expedited support and paternity hearings in each county of the district. (B) The Chief Justice of the Supreme Court shall direct the redistribution of caseload assignments or appoint an additional circuit judge or judges to hear Title IV-D cases and assist the county or judicial district and to serve in accordance with this section, if necessary, to meet the time requirements for processing Title IV-D cases. (2) (A) Upon agreement of the circuit judges and clerks in the counties selected by the Office of Child Support Enforcement, the Office of Child Support Enforcement shall designate up to ten (10) counties of various populations, geographic locations, and economic development for test purposes and to conduct demonstration projects for expedited process to determine the feasibility of implementing innovative policies, procedures, practices, and techniques, including, but not limited to, a quasijudicial process, in the establishment of paternity, child support, and enforcement of child support orders pursuant to Title IV-D of the Social Security Act. (B) The Office of Child Support Enforcement shall notify and obtain the agreement of all affected judges and clerks in each of the designated counties of their selection thirty (30) days prior to implementation of the demonstration project. (C) Such demonstration projects shall automatically terminate by operation of law on April 1, 2001, or may be extended upon application by the Office of Child Support Enforcement and the consent of the Governor. (c) The compensation to be allowed a circuit judge appointed under this section shall be as prescribed by current law for appointed circuit judges. (d) (1) The appointed circuit judge shall have the same authority and power as a circuit judge to issue any and all process in conducting hearings and other proceedings in accordance with this section. (2) In addition, the appointed circuit judge shall have those powers as other judges under state and federal law and Title IV-D of the Social Security Act. (e) The Chief Justice of the Supreme Court may recall from retirement a circuit judge and appoint same pursuant to this section to assist the state in meeting the required time frames noted in this section. (f) The Office of Child Support Enforcement shall furnish to the Administrative Office of the Courts caseload information and data regarding the Title IV-D cases filed by the attorneys for the State of Arkansas. Acts 1985, No. 989, § 19; 1986 (2nd Ex. Sess.), No. 15, § 1; A.S.A. 1947, § 34-1237; Acts 1987, No. 316, § 1; 1987 (1st Ex. Sess.), No. 33, § 2; 1991, No. 1095, § 2; 1995, No. 1064, § 1; 1997, No. 1296, § 17

(a) (1) Hearings in all child support cases and paternity cases brought pursuant to Title IV-D of the Social Security Act shall be heard within a reasonable period of time following service of process in each county in the state as defined in this section. (2) In each of the seventy-five (75) counties of this state, the circuit judge or judges of the judicial district for the county may designate at least one (1) day per month, and shall designate additional days each month when expedited process is not met in the preceding quarter, in each county to docket and hear matters concerning the establishment and enforcement of support orders and paternity. These dates shall be publicized in the court calendar for the judicial district each calendar year, clearly noting the county and time of day the court shall commence to sit on these matters. (3) (A) In addition, in all actions in which delinquency or other support-related noncompliance has been identified, cases brought pursuant to Title IV-D of the Social Security Act shall be completed from the time of delinquency or the location of the noncustodial parent by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, whichever is later, to the time of disposition within the following time periods within each judicial district: (i) No more than thirty (30) calendar days, if service of process is not needed; or (ii) In cases in which service of process is required, the circuit judge or judges of a judicial district shall hear and dispose of seventy-five percent (75%) of all Title IV-D cases within forty-five (45) days after filing when service is obtained. However, when there is a need for relocation of the noncustodial parent in order to achieve service, the forty-five-day time period shall not commence until the filing of the court's last order to appear and show cause or subsequent other pleading or order necessary to proceed with service. (B) In addition, in all Title IV-D actions: (i) The sheriff of the county in which the case is filed shall use diligent efforts to obtain service of process on the noncustodial parent within ten (10) days from the date of a service request and, if service of process is not accomplished within ten (10) days, the sheriff shall return the service papers to the requesting party and note specifically the reasons for nonservice. The return shall be filed with the circuit clerk within eleven (11) days of the request for service whether the return is based on service or nonservice; and (ii) Pursuant to § 16-20-101 , the clerk of the court shall file or docket all Title IV-D cases, pleadings, and orders on the date received, but no later than the close of business the following business day after the cases, pleadings, or orders are received in the clerk's office. Filed cases, pleadings, orders, or court documents in all Title IV-D cases shall be returned or made available to the filing party immediately thereafter. (C) (i) All actions to establish paternity and support obligations in cases brought pursuant to Title IV-D of the Social Security Act shall be completed from the time of service to the time of disposition within the following time periods within each judicial district: (a) Seventy-five percent (75%) in six (6) months; and (b) Ninety percent (90%) in twelve (12) months. (ii) When calculating these rates of disposition: (a) The percentages will be based upon a comparison of all disposed cases to the total of all filed cases for the preceding quarter within each judicial district that have been brought pursuant to Title IV-D of the Social Security Act; and (b) In any jurisdiction in which twenty (20) or fewer Title IV-D cases have been filed during the preceding quarter, when applying the percentages set forth in subdivision (a)(3)(C)(i) of this section, the next lowest whole number will be utilized for purposes of the measurement of compliance. (D) These calculations will be for the quarter ending April 1, 1995, and each three (3) months thereafter.

(1) Hearings in all child support cases and paternity cases brought pursuant to Title IV-D of the Social Security Act shall be heard within a reasonable period of time following service of process in each county in the state as defined in this section.

(2) In each of the seventy-five (75) counties of this state, the circuit judge or judges of the judicial district for the county may designate at least one (1) day per month, and shall designate additional days each month when expedited process is not met in the preceding quarter, in each county to docket and hear matters concerning the establishment and enforcement of support orders and paternity. These dates shall be publicized in the court calendar for the judicial district each calendar year, clearly noting the county and time of day the court shall commence to sit on these matters.

(3) (A) In addition, in all actions in which delinquency or other support-related noncompliance has been identified, cases brought pursuant to Title IV-D of the Social Security Act shall be completed from the time of delinquency or the location of the noncustodial parent by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, whichever is later, to the time of disposition within the following time periods within each judicial district: (i) No more than thirty (30) calendar days, if service of process is not needed; or (ii) In cases in which service of process is required, the circuit judge or judges of a judicial district shall hear and dispose of seventy-five percent (75%) of all Title IV-D cases within forty-five (45) days after filing when service is obtained. However, when there is a need for relocation of the noncustodial parent in order to achieve service, the forty-five-day time period shall not commence until the filing of the court's last order to appear and show cause or subsequent other pleading or order necessary to proceed with service. (B) In addition, in all Title IV-D actions: (i) The sheriff of the county in which the case is filed shall use diligent efforts to obtain service of process on the noncustodial parent within ten (10) days from the date of a service request and, if service of process is not accomplished within ten (10) days, the sheriff shall return the service papers to the requesting party and note specifically the reasons for nonservice. The return shall be filed with the circuit clerk within eleven (11) days of the request for service whether the return is based on service or nonservice; and (ii) Pursuant to § 16-20-101 , the clerk of the court shall file or docket all Title IV-D cases, pleadings, and orders on the date received, but no later than the close of business the following business day after the cases, pleadings, or orders are received in the clerk's office. Filed cases, pleadings, orders, or court documents in all Title IV-D cases shall be returned or made available to the filing party immediately thereafter. (C) (i) All actions to establish paternity and support obligations in cases brought pursuant to Title IV-D of the Social Security Act shall be completed from the time of service to the time of disposition within the following time periods within each judicial district: (a) Seventy-five percent (75%) in six (6) months; and (b) Ninety percent (90%) in twelve (12) months. (ii) When calculating these rates of disposition: (a) The percentages will be based upon a comparison of all disposed cases to the total of all filed cases for the preceding quarter within each judicial district that have been brought pursuant to Title IV-D of the Social Security Act; and (b) In any jurisdiction in which twenty (20) or fewer Title IV-D cases have been filed during the preceding quarter, when applying the percentages set forth in subdivision (a)(3)(C)(i) of this section, the next lowest whole number will be utilized for purposes of the measurement of compliance. (D) These calculations will be for the quarter ending April 1, 1995, and each three (3) months thereafter.

(A) In addition, in all actions in which delinquency or other support-related noncompliance has been identified, cases brought pursuant to Title IV-D of the Social Security Act shall be completed from the time of delinquency or the location of the noncustodial parent by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, whichever is later, to the time of disposition within the following time periods within each judicial district: (i) No more than thirty (30) calendar days, if service of process is not needed; or (ii) In cases in which service of process is required, the circuit judge or judges of a judicial district shall hear and dispose of seventy-five percent (75%) of all Title IV-D cases within forty-five (45) days after filing when service is obtained. However, when there is a need for relocation of the noncustodial parent in order to achieve service, the forty-five-day time period shall not commence until the filing of the court's last order to appear and show cause or subsequent other pleading or order necessary to proceed with service.

(i) No more than thirty (30) calendar days, if service of process is not needed; or

(ii) In cases in which service of process is required, the circuit judge or judges of a judicial district shall hear and dispose of seventy-five percent (75%) of all Title IV-D cases within forty-five (45) days after filing when service is obtained. However, when there is a need for relocation of the noncustodial parent in order to achieve service, the forty-five-day time period shall not commence until the filing of the court's last order to appear and show cause or subsequent other pleading or order necessary to proceed with service.

(B) In addition, in all Title IV-D actions: (i) The sheriff of the county in which the case is filed shall use diligent efforts to obtain service of process on the noncustodial parent within ten (10) days from the date of a service request and, if service of process is not accomplished within ten (10) days, the sheriff shall return the service papers to the requesting party and note specifically the reasons for nonservice. The return shall be filed with the circuit clerk within eleven (11) days of the request for service whether the return is based on service or nonservice; and (ii) Pursuant to § 16-20-101 , the clerk of the court shall file or docket all Title IV-D cases, pleadings, and orders on the date received, but no later than the close of business the following business day after the cases, pleadings, or orders are received in the clerk's office. Filed cases, pleadings, orders, or court documents in all Title IV-D cases shall be returned or made available to the filing party immediately thereafter.

(i) The sheriff of the county in which the case is filed shall use diligent efforts to obtain service of process on the noncustodial parent within ten (10) days from the date of a service request and, if service of process is not accomplished within ten (10) days, the sheriff shall return the service papers to the requesting party and note specifically the reasons for nonservice. The return shall be filed with the circuit clerk within eleven (11) days of the request for service whether the return is based on service or nonservice; and

(ii) Pursuant to § 16-20-101 , the clerk of the court shall file or docket all Title IV-D cases, pleadings, and orders on the date received, but no later than the close of business the following business day after the cases, pleadings, or orders are received in the clerk's office. Filed cases, pleadings, orders, or court documents in all Title IV-D cases shall be returned or made available to the filing party immediately thereafter.

(C) (i) All actions to establish paternity and support obligations in cases brought pursuant to Title IV-D of the Social Security Act shall be completed from the time of service to the time of disposition within the following time periods within each judicial district: (a) Seventy-five percent (75%) in six (6) months; and (b) Ninety percent (90%) in twelve (12) months. (ii) When calculating these rates of disposition: (a) The percentages will be based upon a comparison of all disposed cases to the total of all filed cases for the preceding quarter within each judicial district that have been brought pursuant to Title IV-D of the Social Security Act; and (b) In any jurisdiction in which twenty (20) or fewer Title IV-D cases have been filed during the preceding quarter, when applying the percentages set forth in subdivision (a)(3)(C)(i) of this section, the next lowest whole number will be utilized for purposes of the measurement of compliance.

(i) All actions to establish paternity and support obligations in cases brought pursuant to Title IV-D of the Social Security Act shall be completed from the time of service to the time of disposition within the following time periods within each judicial district: (a) Seventy-five percent (75%) in six (6) months; and (b) Ninety percent (90%) in twelve (12) months.

(a) Seventy-five percent (75%) in six (6) months; and

(b) Ninety percent (90%) in twelve (12) months.

(ii) When calculating these rates of disposition: (a) The percentages will be based upon a comparison of all disposed cases to the total of all filed cases for the preceding quarter within each judicial district that have been brought pursuant to Title IV-D of the Social Security Act; and (b) In any jurisdiction in which twenty (20) or fewer Title IV-D cases have been filed during the preceding quarter, when applying the percentages set forth in subdivision (a)(3)(C)(i) of this section, the next lowest whole number will be utilized for purposes of the measurement of compliance.

(a) The percentages will be based upon a comparison of all disposed cases to the total of all filed cases for the preceding quarter within each judicial district that have been brought pursuant to Title IV-D of the Social Security Act; and

(b) In any jurisdiction in which twenty (20) or fewer Title IV-D cases have been filed during the preceding quarter, when applying the percentages set forth in subdivision (a)(3)(C)(i) of this section, the next lowest whole number will be utilized for purposes of the measurement of compliance.

(D) These calculations will be for the quarter ending April 1, 1995, and each three (3) months thereafter.

(b) (1) (A) The circuit judge or judges of a judicial district shall provide for expedited support and paternity hearings in each county of the district. (B) The Chief Justice of the Supreme Court shall direct the redistribution of caseload assignments or appoint an additional circuit judge or judges to hear Title IV-D cases and assist the county or judicial district and to serve in accordance with this section, if necessary, to meet the time requirements for processing Title IV-D cases. (2) (A) Upon agreement of the circuit judges and clerks in the counties selected by the Office of Child Support Enforcement, the Office of Child Support Enforcement shall designate up to ten (10) counties of various populations, geographic locations, and economic development for test purposes and to conduct demonstration projects for expedited process to determine the feasibility of implementing innovative policies, procedures, practices, and techniques, including, but not limited to, a quasijudicial process, in the establishment of paternity, child support, and enforcement of child support orders pursuant to Title IV-D of the Social Security Act. (B) The Office of Child Support Enforcement shall notify and obtain the agreement of all affected judges and clerks in each of the designated counties of their selection thirty (30) days prior to implementation of the demonstration project. (C) Such demonstration projects shall automatically terminate by operation of law on April 1, 2001, or may be extended upon application by the Office of Child Support Enforcement and the consent of the Governor.

(1) (A) The circuit judge or judges of a judicial district shall provide for expedited support and paternity hearings in each county of the district. (B) The Chief Justice of the Supreme Court shall direct the redistribution of caseload assignments or appoint an additional circuit judge or judges to hear Title IV-D cases and assist the county or judicial district and to serve in accordance with this section, if necessary, to meet the time requirements for processing Title IV-D cases.

(A) The circuit judge or judges of a judicial district shall provide for expedited support and paternity hearings in each county of the district.

(B) The Chief Justice of the Supreme Court shall direct the redistribution of caseload assignments or appoint an additional circuit judge or judges to hear Title IV-D cases and assist the county or judicial district and to serve in accordance with this section, if necessary, to meet the time requirements for processing Title IV-D cases.

(2) (A) Upon agreement of the circuit judges and clerks in the counties selected by the Office of Child Support Enforcement, the Office of Child Support Enforcement shall designate up to ten (10) counties of various populations, geographic locations, and economic development for test purposes and to conduct demonstration projects for expedited process to determine the feasibility of implementing innovative policies, procedures, practices, and techniques, including, but not limited to, a quasijudicial process, in the establishment of paternity, child support, and enforcement of child support orders pursuant to Title IV-D of the Social Security Act. (B) The Office of Child Support Enforcement shall notify and obtain the agreement of all affected judges and clerks in each of the designated counties of their selection thirty (30) days prior to implementation of the demonstration project. (C) Such demonstration projects shall automatically terminate by operation of law on April 1, 2001, or may be extended upon application by the Office of Child Support Enforcement and the consent of the Governor.

(A) Upon agreement of the circuit judges and clerks in the counties selected by the Office of Child Support Enforcement, the Office of Child Support Enforcement shall designate up to ten (10) counties of various populations, geographic locations, and economic development for test purposes and to conduct demonstration projects for expedited process to determine the feasibility of implementing innovative policies, procedures, practices, and techniques, including, but not limited to, a quasijudicial process, in the establishment of paternity, child support, and enforcement of child support orders pursuant to Title IV-D of the Social Security Act.

(B) The Office of Child Support Enforcement shall notify and obtain the agreement of all affected judges and clerks in each of the designated counties of their selection thirty (30) days prior to implementation of the demonstration project.

(C) Such demonstration projects shall automatically terminate by operation of law on April 1, 2001, or may be extended upon application by the Office of Child Support Enforcement and the consent of the Governor.

(c) The compensation to be allowed a circuit judge appointed under this section shall be as prescribed by current law for appointed circuit judges.

(d) (1) The appointed circuit judge shall have the same authority and power as a circuit judge to issue any and all process in conducting hearings and other proceedings in accordance with this section. (2) In addition, the appointed circuit judge shall have those powers as other judges under state and federal law and Title IV-D of the Social Security Act.

(1) The appointed circuit judge shall have the same authority and power as a circuit judge to issue any and all process in conducting hearings and other proceedings in accordance with this section.

(2) In addition, the appointed circuit judge shall have those powers as other judges under state and federal law and Title IV-D of the Social Security Act.

(e) The Chief Justice of the Supreme Court may recall from retirement a circuit judge and appoint same pursuant to this section to assist the state in meeting the required time frames noted in this section.

(f) The Office of Child Support Enforcement shall furnish to the Administrative Office of the Courts caseload information and data regarding the Title IV-D cases filed by the attorneys for the State of Arkansas.

Acts 1985, No. 989, § 19; 1986 (2nd Ex. Sess.), No. 15, § 1; A.S.A. 1947, § 34-1237; Acts 1987, No. 316, § 1; 1987 (1st Ex. Sess.), No. 33, § 2; 1991, No. 1095, § 2; 1995, No. 1064, § 1; 1997, No. 1296, § 17
Ark. Code Ann. § 9-12-320 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-320
Proceedings subsequent to decree - Change of venue
Status: in_force

(a) (1) The court where the final decree of divorce is rendered shall retain jurisdiction for all matters following the entry of the decree. (2) (A) (i) Either party, or the court on its own motion, may petition the court that granted the final decree to request that the case be transferred to another county in which at least one (1) party resides if, more than six (6) months subsequent to the final decree: (a) Both of the parties to the divorce proceedings have established a residence in a county of another judicial district within the state; or (b) One (1) of the parties has moved to a county of another judicial district within the state and the other party has moved from the State of Arkansas. (ii) The decision to transfer a case is within the discretion of the court where the final decree of divorce was rendered. (B) The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer. (C) In cases in which children are involved and a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the custodial parent. (D) Justification for transfer of a case may be based on the establishment of residence by both parties in a county or state other than the county where the final decree of divorce was rendered. (b) If the court that granted the final decree agrees to transfer the case to another judicial district, the court shall enter an order transferring the case and charging the circuit clerk of the court of original jurisdiction to transmit forthwith certified copies of all records pertaining to the case. (c) Subsequent to the transfer to a county in another judicial district, if the party residing in the county to which the case has been transferred removes from that county or from the State of Arkansas, the case shall be transferred back to the county of original jurisdiction or the county of residence of the party still residing in the State of Arkansas. (d) The provisions of this section shall not repeal any laws or parts of laws in effect on March 3, 1975, relating to venue for divorce actions, but shall be supplemental thereto. Acts 1975, No. 297, §§ 1, 2; A.S.A. 1947, §§ 34-1204.1, 34-1204.1n; Acts 1989, No. 184, § 1; 1999, No. 539, § 1; 1999, No. 1491, § 1; 2001, No. 1231, § 1

(a) (1) The court where the final decree of divorce is rendered shall retain jurisdiction for all matters following the entry of the decree. (2) (A) (i) Either party, or the court on its own motion, may petition the court that granted the final decree to request that the case be transferred to another county in which at least one (1) party resides if, more than six (6) months subsequent to the final decree: (a) Both of the parties to the divorce proceedings have established a residence in a county of another judicial district within the state; or (b) One (1) of the parties has moved to a county of another judicial district within the state and the other party has moved from the State of Arkansas. (ii) The decision to transfer a case is within the discretion of the court where the final decree of divorce was rendered. (B) The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer. (C) In cases in which children are involved and a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the custodial parent. (D) Justification for transfer of a case may be based on the establishment of residence by both parties in a county or state other than the county where the final decree of divorce was rendered.

(1) The court where the final decree of divorce is rendered shall retain jurisdiction for all matters following the entry of the decree.

(2) (A) (i) Either party, or the court on its own motion, may petition the court that granted the final decree to request that the case be transferred to another county in which at least one (1) party resides if, more than six (6) months subsequent to the final decree: (a) Both of the parties to the divorce proceedings have established a residence in a county of another judicial district within the state; or (b) One (1) of the parties has moved to a county of another judicial district within the state and the other party has moved from the State of Arkansas. (ii) The decision to transfer a case is within the discretion of the court where the final decree of divorce was rendered. (B) The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer. (C) In cases in which children are involved and a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the custodial parent. (D) Justification for transfer of a case may be based on the establishment of residence by both parties in a county or state other than the county where the final decree of divorce was rendered.

(A) (i) Either party, or the court on its own motion, may petition the court that granted the final decree to request that the case be transferred to another county in which at least one (1) party resides if, more than six (6) months subsequent to the final decree: (a) Both of the parties to the divorce proceedings have established a residence in a county of another judicial district within the state; or (b) One (1) of the parties has moved to a county of another judicial district within the state and the other party has moved from the State of Arkansas. (ii) The decision to transfer a case is within the discretion of the court where the final decree of divorce was rendered.

(i) Either party, or the court on its own motion, may petition the court that granted the final decree to request that the case be transferred to another county in which at least one (1) party resides if, more than six (6) months subsequent to the final decree: (a) Both of the parties to the divorce proceedings have established a residence in a county of another judicial district within the state; or (b) One (1) of the parties has moved to a county of another judicial district within the state and the other party has moved from the State of Arkansas.

(a) Both of the parties to the divorce proceedings have established a residence in a county of another judicial district within the state; or

(b) One (1) of the parties has moved to a county of another judicial district within the state and the other party has moved from the State of Arkansas.

(ii) The decision to transfer a case is within the discretion of the court where the final decree of divorce was rendered.

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

(C) In cases in which children are involved and a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the custodial parent.

(D) Justification for transfer of a case may be based on the establishment of residence by both parties in a county or state other than the county where the final decree of divorce was rendered.

(b) If the court that granted the final decree agrees to transfer the case to another judicial district, the court shall enter an order transferring the case and charging the circuit clerk of the court of original jurisdiction to transmit forthwith certified copies of all records pertaining to the case.

(c) Subsequent to the transfer to a county in another judicial district, if the party residing in the county to which the case has been transferred removes from that county or from the State of Arkansas, the case shall be transferred back to the county of original jurisdiction or the county of residence of the party still residing in the State of Arkansas.

(d) The provisions of this section shall not repeal any laws or parts of laws in effect on March 3, 1975, relating to venue for divorce actions, but shall be supplemental thereto.

Acts 1975, No. 297, §§ 1, 2; A.S.A. 1947, §§ 34-1204.1, 34-1204.1n; Acts 1989, No. 184, § 1; 1999, No. 539, § 1; 1999, No. 1491, § 1; 2001, No. 1231, § 1
Ark. Code Ann. § 9-27-325 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-325
Hearings - Generally
Status: in_force

(a) (1) (A) All hearings shall be conducted by the judge without a jury, except as provided by the Extended Juvenile Jurisdiction Act, § 9-27-501 et seq. (B) If a juvenile is designated an extended juvenile jurisdiction offender, the juvenile shall have a right to a jury trial at the adjudication. (2) The juvenile shall be advised of the right to a jury trial by the court following a determination that the juvenile will be tried as an extended juvenile jurisdiction offender. (3) The right to a jury trial may be waived by a juvenile only after being advised of his or her rights and after consultation with the juvenile's attorney. (4) The waiver shall be in writing and signed by the juvenile and the juvenile's attorney. (b) (1) The defendant need not file a written responsive pleading in order to be heard by the court. (2) In dependency-neglect proceedings, if not appointed by the court in an order provided to all parties, counsel shall file a notice of appearance immediately upon acceptance of representation, with a copy to be served on the petitioner and all parties. (c) (1) At the time set for hearing, the court may: (A) Proceed to hear the case only if the juvenile is present or excused for good cause by the court; or (B) Continue the case upon determination that the presence of an adult defendant is necessary. (2) Upon determining that a necessary party is not present before the court, the court may: (A) Issue an order for contempt if the juvenile was served with an order to appear; or (B) Issue an order to appear, with a time and place set by the court for hearing, if the juvenile was served with a notice of hearing. (d) (1) The court shall be a court of record. (2) A record of all proceedings shall be kept in the same manner as other proceedings of circuit court and in accordance with rules promulgated by the Supreme Court. (e) (1) Unless otherwise indicated, the Arkansas Rules of Evidence shall apply. (2) (A) Upon motion of any party, the court may order that the father, mother, and child submit to scientific testing for drug or alcohol abuse. (B) A written report of the test results prepared by the person conducting the test, or by a person under whose supervision or direction the test and analysis have been performed, certified by an affidavit subscribed and sworn to by him or her before a notary public, may be introduced in evidence without calling the person as a witness unless a motion challenging the test procedures or results has been filed within thirty (30) days before the hearing and bond is posted in an amount sufficient to cover the costs of the person's appearance to testify. (C) (i) If contested, documentation of the chain of custody of samples taken from test subjects shall be verified by affidavit of one (1) person's witnessing the procedure or extraction, packaging, and mailing of the samples and by one (1) person's signing for the samples at the place where the samples are subject to the testing procedure. (ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of those specimens. (D) Whenever a court orders scientific testing for drug or alcohol abuse and one (1) of the parties refuses to submit to the testing, that refusal shall be disclosed at trial and may be considered civil contempt of court. (f) Except as otherwise provided in this subchapter, the Arkansas Rules of Civil Procedure shall apply to all proceedings and the Arkansas Rules of Criminal Procedure shall apply to delinquency proceedings. (g) All parties shall have the right to compel attendance of witnesses in accordance with the Arkansas Rules of Civil Procedure and the Arkansas Rules of Criminal Procedure. (h) (1) The petitioner in all proceedings shall bear the burden of presenting the case at hearings. (2) (A) The following burdens of proof shall apply: (i) Proof beyond a reasonable doubt in delinquency hearings; (ii) Proof by a preponderance of the evidence in dependency-neglect proceedings, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., family in need of services, and probation revocation hearings; and (iii) Proof by clear and convincing evidence for hearings to terminate parental rights, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., transfer hearings, and in hearings to determine whether or not reunification services shall be provided. (B) If the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., applies, the following burdens of proof shall apply: (i) Clear and convincing evidence in probable cause, adjudication, review, and permanency planning hearings; and (ii) Beyond a reasonable doubt in termination of parental rights hearings that are subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq. (i) (1) (A) Except as provided by this section, all hearings involving allegations and reports of child maltreatment and all hearings involving cases of children in foster care shall be closed. (B) (i) A member of the General Assembly may attend any hearing held under this subchapter, including a closed hearing, unless the court excludes the member of the General Assembly based on the: (a) Best interest of the child; or (b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Except as otherwise provided by law, a member of the General Assembly who attends a hearing in accordance with subdivision (i)(1)(B)(i) of this section shall not disclose information obtained during his or her attendance at the hearing. (C) (i) (a) A Child Welfare Ombudsman may attend a hearing held under this subchapter, including a closed hearing. (b) However, a court may exclude the Child Welfare Ombudsman from a hearing if: (1) It is in the best interest of the child; or (2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Unless otherwise allowed by law, the Child Welfare Ombudsman shall not disclose information that he or she obtains through his or her attendance at a hearing held under this subchapter. (D) (i) A relative, fictive kin, or individual with a connection to the family involved in a dependency-neglect proceeding may attend a hearing unless the court determines: (a) The best interest of the child requires the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to be excluded from the hearing; or (b) It is within the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence to exclude the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding from the hearing. (ii) The court shall confirm the identity of each relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to determine if the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding should be excluded from the hearing. (iii) A relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding who is permitted to attend a hearing shall not disclose any information obtained during the hearing. (E) (i) The court may allow an individual with an interest in attending a closed hearing in a dependency-neglect proceeding to attend the hearing if: (a) It is in the best interest of the child; and (b) The individual demonstrates a sincere and legitimate need to attend the hearing as determined by the court. (ii) An individual who attends a hearing in accordance with subdivision (i)(1)(E)(i) of this section shall not disclose any information obtained during the hearing. (F) An individual who discloses information in violation of subdivision (i)(1)(D)(iii) and subdivision (i)(1)(E)(ii) of this section is guilty of a Class C misdemeanor. (2) All other hearings may be closed within the discretion of the court, except that in delinquency cases the juvenile shall have the right to an open hearing, and in adoption cases the hearings shall be closed as provided in the Revised Uniform Adoption Act, § 9-9-201 et seq. (j) Except as provided in § 9-27-502 , in any juvenile delinquency proceeding in which the juvenile's fitness to proceed is put in issue by any party or the court, the provisions of § 5-2-301 et seq. shall apply. (k) In delinquency proceedings, juveniles are entitled to all defenses available to criminal defendants in circuit court. (l) (1) The Department of Human Services shall provide to foster parents and preadoptive parents of a child in department custody notice of any proceeding to be held with respect to the child. (2) Relative caregivers shall be provided notice by the original petitioner in the juvenile matter. (3) (A) The court shall allow foster parents, preadoptive parents, and relative caregivers an opportunity to be heard in any proceeding held with respect to a child in their care but only as witnesses. (B) Foster parents, adoptive parents, and relative caregivers shall not be made parties to the proceeding solely on the basis that the persons are entitled to notice and the opportunity to be heard. (C) Foster parents, adoptive parents, and relative caregivers shall not be made parties to the proceeding when reunification remains the goal of the case. (D) A foster parent, adoptive parent, preadoptive parent, or relative caregiver may not offer evidence to be considered by the court unless he or she is called as a witness. (m) (1) (A) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any dependency-neglect proceeding involving a grandchild who is twelve (12) months of age or younger when: (i) The grandchild resides with this grandparent for at least six (6) continuous months prior to his or her first birthday; (ii) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; (iii) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated; and (iv) Notice to a grandparent under this subdivision (m)(1) shall be given by the department. (B) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any dependency-neglect proceeding involving a grandchild who is twelve (12) months of age or older when: (i) The grandchild resides with this grandparent for at least one (1) continuous year regardless of age; (ii) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and (iii) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated. (2) For purposes of this subsection, "grandparent" does not mean a parent of a putative father of a child. (n) (1) (A) The department shall make diligent efforts to identify putative parents in a dependency-neglect proceeding. (B) Diligent efforts shall include without limitation checking the Putative Father Registry. (2) (A) (i) If the petitioner has named and served a putative parent under this section and § 9-27-311 , the court shall resolve the party status of a putative parent and the rights of the putative parent as a putative father. (ii) A court may consider the termination of the rights of a putative parent under § 9-27-341 if the court finds that the putative parent has established significant contacts and the rights of the putative parent as a putative father have attached. (B) The court shall provide a putative parent the opportunity to be heard regarding his or her efforts in establishing paternity and his or her significant contacts with regard to the juvenile involved in the dependency-neglect proceedings. (C) (i) The court may order deoxyribonucleic acid (DNA) testing at any time. (ii) A court may establish paternity or determine whether a putative parent is a parent as defined in § 9-27-303 without a deoxyribonucleic acid (DNA) test being ordered by the court or performed. (D) If there is more than one (1) putative parent of the juvenile, the court shall order a deoxyribonucleic acid (DNA) test of each identified putative parent to determine the biological parent of the juvenile. (E) A deoxyribonucleic acid (DNA) test establishing a putative parent as the biological parent of a juvenile is sufficient evidence on which the court may adjudicate paternity, establish that the putative parent is a parent for the purposes of this subchapter, and enter a decree of paternity. (3) A putative parent has the burden to prove paternity and significant contacts with the juvenile. (4) (A) Except as provided under § 9-27-311 , a putative parent shall be named as a party if the circuit court determines that the putative parent: (i) Has established paternity and the circuit court enters an order establishing the putative parent as the parent for the purposes of this subchapter and directs that the parent be added to the case as a party defendant; or (ii) Has established significant contacts with the juvenile and the circuit court enters an order that putative parent rights have attached and the putative parent shall be added to the case as a party defendant. (B) (i) If the petitioner has named and served a putative parent under this section and § 9-27-311 and the circuit court finds that the putative parent has established paternity, the court shall: (a) Enter an order establishing the putative parent as a parent for the purposes of this subchapter; and (b) Maintain the parent as a party defendant. (ii) If the petitioner has named and served a putative parent under this section and § 9-27-311 and the circuit court finds that the putative parent has established significant contacts with the juvenile, the court shall: (a) Enter an order stating that the rights of the putative parent have attached; and (b) Maintain the putative parent as a party defendant. (C) If the circuit court finds that the putative parent, after being given notice and opportunity to be heard, has not established paternity or significant contacts, the circuit court shall: (i) Find that the putative parent is not a parent for the purposes of this subchapter; (ii) Find that the rights of the putative parent have not attached; and (iii) Dismiss the putative parent from the case and enter an order finding that no further notice, including notice of an adoption petition concerning the juvenile, is required to be provided to the putative parent. (5) The rights of a putative parent to appointed counsel are subject to § 9-27-316(h)(3) . (o) (1) (A) If the court determines that the health and safety of the juvenile can be adequately protected and it is in the best interest of the child, unsupervised family time may occur between a juvenile and a parent. (B) Unless the court has restricted unsupervised family time, the department may allow unsupervised family time between a juvenile and a parent at any time. (2) (A) A petitioner has the burden of proving at every hearing that unsupervised family time is not in the best interest of a child. (B) If the court determines that unsupervised family time between a juvenile and a parent is not in the best interest of the child, family time between the juvenile and the parent shall be supervised. (C) (i) A rebuttable presumption that unsupervised family time is in the best interest of the juvenile applies at every hearing. (ii) The burden of proof to rebut the presumption is proof by a preponderance of the evidence. (D) The court may consider the preferences of the juvenile if the juvenile is of a sufficient age and capacity to reason, regardless of the juvenile's chronological age. (E) (i) If the court orders supervised family time, the parent from whom custody of the juvenile has been removed shall receive a minimum of four (4) hours of supervised family time per week. (ii) The court may order less than four (4) hours of supervised family time if the court determines that the supervised family time: (a) Is not in the best interest of the juvenile; or (b) Will impose an extreme hardship on one (1) of the parties. (p) When family time is ordered between a juvenile and the parent: (1) (A) A parent's positive result from a drug test is insufficient to deny the parent family time with a juvenile. (B) If at the time that family time between the parent and a juvenile occurs a parent is under the influence of drugs or alcohol, exhibits behavior that may create an unsafe environment for a child, or appears to be actively impaired, the family time may be cancelled; and (2) A relative or fictive kin may transport a juvenile to and from family time with a parent if: (A) It is in the best interest of a child; (B) The relative or fictive kin submits to a background check and a child maltreatment registry check; and (C) The relative or fictive kin meets the driving requirements established by the department. (q) (1) A court shall set a hearing to address the entry of a written order if: (A) The written order is not provided to the court for entry within the time specified under this subchapter; and (B) A party files a motion for a hearing to address the entry of the written order. (2) (A) The court shall conduct a hearing to address the entry of the written order within thirty (30) days from the date on which the motion for a hearing to address the entry of the written order is filed. (B) A hearing to address the entry of a written order may be the next scheduled hearing in the proceeding if the hearing to address the entry of the written order is being held within thirty (30) days from the date on which the motion for a hearing to address the entry of the written order is filed. (C) The court is not required to conduct a hearing to address the entry of a written order if the written order is submitted to the court. (3) The court shall reassign the preparation of the written order as needed. Amended by Act 2023, No. 168,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 363,§ 8, eff. 8/1/2023. Amended by Act 2021, No. 814,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 814,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 813,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 738,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 738,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 558,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 558,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 558,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 541,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 329,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 945,§ 3, eff. 7/1/2019. Amended by Act 2017, No. 1111,§ 2, eff. 8/1/2017 Amended by Act 2017, No. 701,§ 1, eff. 8/1/2017 Amended by Act 2015, No. 1022,§ 3, eff. 7/22/2015 Amended by Act 2013, No. 1055,§ 9, eff. 8/16/2013 Acts 1989, No. 273, § 24; 1993, No. 758, § 5; 1995, No. 533, § 6; 1997, No. 1118, § 2; 1999, No. 401, § 5; 1999, No. 1192, § 17; 2001, No. 987, § 3; 2001, No. 1497, § 2; 2001, No. 1503, § 5; 2003, No. 1166, § 14; 2003, No. 1319, § 12; 2007, No. 587, § 12; 2009, No. 1311, § 1; 2011, No. 591, § 6; 2011, No. 1175, § 5

(a) (1) (A) All hearings shall be conducted by the judge without a jury, except as provided by the Extended Juvenile Jurisdiction Act, § 9-27-501 et seq. (B) If a juvenile is designated an extended juvenile jurisdiction offender, the juvenile shall have a right to a jury trial at the adjudication. (2) The juvenile shall be advised of the right to a jury trial by the court following a determination that the juvenile will be tried as an extended juvenile jurisdiction offender. (3) The right to a jury trial may be waived by a juvenile only after being advised of his or her rights and after consultation with the juvenile's attorney. (4) The waiver shall be in writing and signed by the juvenile and the juvenile's attorney.

(1) (A) All hearings shall be conducted by the judge without a jury, except as provided by the Extended Juvenile Jurisdiction Act, § 9-27-501 et seq. (B) If a juvenile is designated an extended juvenile jurisdiction offender, the juvenile shall have a right to a jury trial at the adjudication.

(A) All hearings shall be conducted by the judge without a jury, except as provided by the Extended Juvenile Jurisdiction Act, § 9-27-501 et seq.

(B) If a juvenile is designated an extended juvenile jurisdiction offender, the juvenile shall have a right to a jury trial at the adjudication.

(2) The juvenile shall be advised of the right to a jury trial by the court following a determination that the juvenile will be tried as an extended juvenile jurisdiction offender.

(3) The right to a jury trial may be waived by a juvenile only after being advised of his or her rights and after consultation with the juvenile's attorney.

(4) The waiver shall be in writing and signed by the juvenile and the juvenile's attorney.

(b) (1) The defendant need not file a written responsive pleading in order to be heard by the court. (2) In dependency-neglect proceedings, if not appointed by the court in an order provided to all parties, counsel shall file a notice of appearance immediately upon acceptance of representation, with a copy to be served on the petitioner and all parties.

(1) The defendant need not file a written responsive pleading in order to be heard by the court.

(2) In dependency-neglect proceedings, if not appointed by the court in an order provided to all parties, counsel shall file a notice of appearance immediately upon acceptance of representation, with a copy to be served on the petitioner and all parties.

(c) (1) At the time set for hearing, the court may: (A) Proceed to hear the case only if the juvenile is present or excused for good cause by the court; or (B) Continue the case upon determination that the presence of an adult defendant is necessary. (2) Upon determining that a necessary party is not present before the court, the court may: (A) Issue an order for contempt if the juvenile was served with an order to appear; or (B) Issue an order to appear, with a time and place set by the court for hearing, if the juvenile was served with a notice of hearing.

(1) At the time set for hearing, the court may: (A) Proceed to hear the case only if the juvenile is present or excused for good cause by the court; or (B) Continue the case upon determination that the presence of an adult defendant is necessary.

(A) Proceed to hear the case only if the juvenile is present or excused for good cause by the court; or

(B) Continue the case upon determination that the presence of an adult defendant is necessary.

(2) Upon determining that a necessary party is not present before the court, the court may: (A) Issue an order for contempt if the juvenile was served with an order to appear; or (B) Issue an order to appear, with a time and place set by the court for hearing, if the juvenile was served with a notice of hearing.

(A) Issue an order for contempt if the juvenile was served with an order to appear; or

(B) Issue an order to appear, with a time and place set by the court for hearing, if the juvenile was served with a notice of hearing.

(d) (1) The court shall be a court of record. (2) A record of all proceedings shall be kept in the same manner as other proceedings of circuit court and in accordance with rules promulgated by the Supreme Court.

(1) The court shall be a court of record.

(2) A record of all proceedings shall be kept in the same manner as other proceedings of circuit court and in accordance with rules promulgated by the Supreme Court.

(e) (1) Unless otherwise indicated, the Arkansas Rules of Evidence shall apply. (2) (A) Upon motion of any party, the court may order that the father, mother, and child submit to scientific testing for drug or alcohol abuse. (B) A written report of the test results prepared by the person conducting the test, or by a person under whose supervision or direction the test and analysis have been performed, certified by an affidavit subscribed and sworn to by him or her before a notary public, may be introduced in evidence without calling the person as a witness unless a motion challenging the test procedures or results has been filed within thirty (30) days before the hearing and bond is posted in an amount sufficient to cover the costs of the person's appearance to testify. (C) (i) If contested, documentation of the chain of custody of samples taken from test subjects shall be verified by affidavit of one (1) person's witnessing the procedure or extraction, packaging, and mailing of the samples and by one (1) person's signing for the samples at the place where the samples are subject to the testing procedure. (ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of those specimens. (D) Whenever a court orders scientific testing for drug or alcohol abuse and one (1) of the parties refuses to submit to the testing, that refusal shall be disclosed at trial and may be considered civil contempt of court.

(1) Unless otherwise indicated, the Arkansas Rules of Evidence shall apply.

(2) (A) Upon motion of any party, the court may order that the father, mother, and child submit to scientific testing for drug or alcohol abuse. (B) A written report of the test results prepared by the person conducting the test, or by a person under whose supervision or direction the test and analysis have been performed, certified by an affidavit subscribed and sworn to by him or her before a notary public, may be introduced in evidence without calling the person as a witness unless a motion challenging the test procedures or results has been filed within thirty (30) days before the hearing and bond is posted in an amount sufficient to cover the costs of the person's appearance to testify. (C) (i) If contested, documentation of the chain of custody of samples taken from test subjects shall be verified by affidavit of one (1) person's witnessing the procedure or extraction, packaging, and mailing of the samples and by one (1) person's signing for the samples at the place where the samples are subject to the testing procedure. (ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of those specimens. (D) Whenever a court orders scientific testing for drug or alcohol abuse and one (1) of the parties refuses to submit to the testing, that refusal shall be disclosed at trial and may be considered civil contempt of court.

(A) Upon motion of any party, the court may order that the father, mother, and child submit to scientific testing for drug or alcohol abuse.

(B) A written report of the test results prepared by the person conducting the test, or by a person under whose supervision or direction the test and analysis have been performed, certified by an affidavit subscribed and sworn to by him or her before a notary public, may be introduced in evidence without calling the person as a witness unless a motion challenging the test procedures or results has been filed within thirty (30) days before the hearing and bond is posted in an amount sufficient to cover the costs of the person's appearance to testify.

(C) (i) If contested, documentation of the chain of custody of samples taken from test subjects shall be verified by affidavit of one (1) person's witnessing the procedure or extraction, packaging, and mailing of the samples and by one (1) person's signing for the samples at the place where the samples are subject to the testing procedure. (ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of those specimens.

(i) If contested, documentation of the chain of custody of samples taken from test subjects shall be verified by affidavit of one (1) person's witnessing the procedure or extraction, packaging, and mailing of the samples and by one (1) person's signing for the samples at the place where the samples are subject to the testing procedure.

(ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of those specimens.

(D) Whenever a court orders scientific testing for drug or alcohol abuse and one (1) of the parties refuses to submit to the testing, that refusal shall be disclosed at trial and may be considered civil contempt of court.

(f) Except as otherwise provided in this subchapter, the Arkansas Rules of Civil Procedure shall apply to all proceedings and the Arkansas Rules of Criminal Procedure shall apply to delinquency proceedings.

(g) All parties shall have the right to compel attendance of witnesses in accordance with the Arkansas Rules of Civil Procedure and the Arkansas Rules of Criminal Procedure.

(h) (1) The petitioner in all proceedings shall bear the burden of presenting the case at hearings. (2) (A) The following burdens of proof shall apply: (i) Proof beyond a reasonable doubt in delinquency hearings; (ii) Proof by a preponderance of the evidence in dependency-neglect proceedings, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., family in need of services, and probation revocation hearings; and (iii) Proof by clear and convincing evidence for hearings to terminate parental rights, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., transfer hearings, and in hearings to determine whether or not reunification services shall be provided. (B) If the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., applies, the following burdens of proof shall apply: (i) Clear and convincing evidence in probable cause, adjudication, review, and permanency planning hearings; and (ii) Beyond a reasonable doubt in termination of parental rights hearings that are subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq.

(1) The petitioner in all proceedings shall bear the burden of presenting the case at hearings.

(2) (A) The following burdens of proof shall apply: (i) Proof beyond a reasonable doubt in delinquency hearings; (ii) Proof by a preponderance of the evidence in dependency-neglect proceedings, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., family in need of services, and probation revocation hearings; and (iii) Proof by clear and convincing evidence for hearings to terminate parental rights, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., transfer hearings, and in hearings to determine whether or not reunification services shall be provided. (B) If the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., applies, the following burdens of proof shall apply: (i) Clear and convincing evidence in probable cause, adjudication, review, and permanency planning hearings; and (ii) Beyond a reasonable doubt in termination of parental rights hearings that are subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq.

(A) The following burdens of proof shall apply: (i) Proof beyond a reasonable doubt in delinquency hearings; (ii) Proof by a preponderance of the evidence in dependency-neglect proceedings, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., family in need of services, and probation revocation hearings; and (iii) Proof by clear and convincing evidence for hearings to terminate parental rights, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., transfer hearings, and in hearings to determine whether or not reunification services shall be provided.

(i) Proof beyond a reasonable doubt in delinquency hearings;

(ii) Proof by a preponderance of the evidence in dependency-neglect proceedings, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., family in need of services, and probation revocation hearings; and

(iii) Proof by clear and convincing evidence for hearings to terminate parental rights, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., transfer hearings, and in hearings to determine whether or not reunification services shall be provided.

(B) If the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., applies, the following burdens of proof shall apply: (i) Clear and convincing evidence in probable cause, adjudication, review, and permanency planning hearings; and (ii) Beyond a reasonable doubt in termination of parental rights hearings that are subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq.

(i) Clear and convincing evidence in probable cause, adjudication, review, and permanency planning hearings; and

(ii) Beyond a reasonable doubt in termination of parental rights hearings that are subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq.

(i) (1) (A) Except as provided by this section, all hearings involving allegations and reports of child maltreatment and all hearings involving cases of children in foster care shall be closed. (B) (i) A member of the General Assembly may attend any hearing held under this subchapter, including a closed hearing, unless the court excludes the member of the General Assembly based on the: (a) Best interest of the child; or (b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Except as otherwise provided by law, a member of the General Assembly who attends a hearing in accordance with subdivision (i)(1)(B)(i) of this section shall not disclose information obtained during his or her attendance at the hearing. (C) (i) (a) A Child Welfare Ombudsman may attend a hearing held under this subchapter, including a closed hearing. (b) However, a court may exclude the Child Welfare Ombudsman from a hearing if: (1) It is in the best interest of the child; or (2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Unless otherwise allowed by law, the Child Welfare Ombudsman shall not disclose information that he or she obtains through his or her attendance at a hearing held under this subchapter. (D) (i) A relative, fictive kin, or individual with a connection to the family involved in a dependency-neglect proceeding may attend a hearing unless the court determines: (a) The best interest of the child requires the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to be excluded from the hearing; or (b) It is within the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence to exclude the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding from the hearing. (ii) The court shall confirm the identity of each relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to determine if the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding should be excluded from the hearing. (iii) A relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding who is permitted to attend a hearing shall not disclose any information obtained during the hearing. (E) (i) The court may allow an individual with an interest in attending a closed hearing in a dependency-neglect proceeding to attend the hearing if: (a) It is in the best interest of the child; and (b) The individual demonstrates a sincere and legitimate need to attend the hearing as determined by the court. (ii) An individual who attends a hearing in accordance with subdivision (i)(1)(E)(i) of this section shall not disclose any information obtained during the hearing. (F) An individual who discloses information in violation of subdivision (i)(1)(D)(iii) and subdivision (i)(1)(E)(ii) of this section is guilty of a Class C misdemeanor. (2) All other hearings may be closed within the discretion of the court, except that in delinquency cases the juvenile shall have the right to an open hearing, and in adoption cases the hearings shall be closed as provided in the Revised Uniform Adoption Act, § 9-9-201 et seq.

(1) (A) Except as provided by this section, all hearings involving allegations and reports of child maltreatment and all hearings involving cases of children in foster care shall be closed. (B) (i) A member of the General Assembly may attend any hearing held under this subchapter, including a closed hearing, unless the court excludes the member of the General Assembly based on the: (a) Best interest of the child; or (b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Except as otherwise provided by law, a member of the General Assembly who attends a hearing in accordance with subdivision (i)(1)(B)(i) of this section shall not disclose information obtained during his or her attendance at the hearing. (C) (i) (a) A Child Welfare Ombudsman may attend a hearing held under this subchapter, including a closed hearing. (b) However, a court may exclude the Child Welfare Ombudsman from a hearing if: (1) It is in the best interest of the child; or (2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Unless otherwise allowed by law, the Child Welfare Ombudsman shall not disclose information that he or she obtains through his or her attendance at a hearing held under this subchapter. (D) (i) A relative, fictive kin, or individual with a connection to the family involved in a dependency-neglect proceeding may attend a hearing unless the court determines: (a) The best interest of the child requires the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to be excluded from the hearing; or (b) It is within the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence to exclude the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding from the hearing. (ii) The court shall confirm the identity of each relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to determine if the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding should be excluded from the hearing. (iii) A relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding who is permitted to attend a hearing shall not disclose any information obtained during the hearing. (E) (i) The court may allow an individual with an interest in attending a closed hearing in a dependency-neglect proceeding to attend the hearing if: (a) It is in the best interest of the child; and (b) The individual demonstrates a sincere and legitimate need to attend the hearing as determined by the court. (ii) An individual who attends a hearing in accordance with subdivision (i)(1)(E)(i) of this section shall not disclose any information obtained during the hearing. (F) An individual who discloses information in violation of subdivision (i)(1)(D)(iii) and subdivision (i)(1)(E)(ii) of this section is guilty of a Class C misdemeanor.

(A) Except as provided by this section, all hearings involving allegations and reports of child maltreatment and all hearings involving cases of children in foster care shall be closed.

(B) (i) A member of the General Assembly may attend any hearing held under this subchapter, including a closed hearing, unless the court excludes the member of the General Assembly based on the: (a) Best interest of the child; or (b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Except as otherwise provided by law, a member of the General Assembly who attends a hearing in accordance with subdivision (i)(1)(B)(i) of this section shall not disclose information obtained during his or her attendance at the hearing.

(i) A member of the General Assembly may attend any hearing held under this subchapter, including a closed hearing, unless the court excludes the member of the General Assembly based on the: (a) Best interest of the child; or (b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.

(a) Best interest of the child; or

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

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

(C) (i) (a) A Child Welfare Ombudsman may attend a hearing held under this subchapter, including a closed hearing. (b) However, a court may exclude the Child Welfare Ombudsman from a hearing if: (1) It is in the best interest of the child; or (2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence. (ii) Unless otherwise allowed by law, the Child Welfare Ombudsman shall not disclose information that he or she obtains through his or her attendance at a hearing held under this subchapter.

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

(a) A Child Welfare Ombudsman may attend a hearing held under this subchapter, including a closed hearing.

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

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

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

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

(D) (i) A relative, fictive kin, or individual with a connection to the family involved in a dependency-neglect proceeding may attend a hearing unless the court determines: (a) The best interest of the child requires the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to be excluded from the hearing; or (b) It is within the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence to exclude the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding from the hearing. (ii) The court shall confirm the identity of each relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to determine if the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding should be excluded from the hearing. (iii) A relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding who is permitted to attend a hearing shall not disclose any information obtained during the hearing.

(i) A relative, fictive kin, or individual with a connection to the family involved in a dependency-neglect proceeding may attend a hearing unless the court determines: (a) The best interest of the child requires the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to be excluded from the hearing; or (b) It is within the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence to exclude the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding from the hearing.

(a) The best interest of the child requires the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to be excluded from the hearing; or

(b) It is within the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence to exclude the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding from the hearing.

(ii) The court shall confirm the identity of each relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to determine if the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding should be excluded from the hearing.

(iii) A relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding who is permitted to attend a hearing shall not disclose any information obtained during the hearing.

(E) (i) The court may allow an individual with an interest in attending a closed hearing in a dependency-neglect proceeding to attend the hearing if: (a) It is in the best interest of the child; and (b) The individual demonstrates a sincere and legitimate need to attend the hearing as determined by the court. (ii) An individual who attends a hearing in accordance with subdivision (i)(1)(E)(i) of this section shall not disclose any information obtained during the hearing.

(i) The court may allow an individual with an interest in attending a closed hearing in a dependency-neglect proceeding to attend the hearing if: (a) It is in the best interest of the child; and (b) The individual demonstrates a sincere and legitimate need to attend the hearing as determined by the court.

(a) It is in the best interest of the child; and

(b) The individual demonstrates a sincere and legitimate need to attend the hearing as determined by the court.

(ii) An individual who attends a hearing in accordance with subdivision (i)(1)(E)(i) of this section shall not disclose any information obtained during the hearing.

(F) An individual who discloses information in violation of subdivision (i)(1)(D)(iii) and subdivision (i)(1)(E)(ii) of this section is guilty of a Class C misdemeanor.

(2) All other hearings may be closed within the discretion of the court, except that in delinquency cases the juvenile shall have the right to an open hearing, and in adoption cases the hearings shall be closed as provided in the Revised Uniform Adoption Act, § 9-9-201 et seq.

(j) Except as provided in § 9-27-502 , in any juvenile delinquency proceeding in which the juvenile's fitness to proceed is put in issue by any party or the court, the provisions of § 5-2-301 et seq. shall apply.

(k) In delinquency proceedings, juveniles are entitled to all defenses available to criminal defendants in circuit court.

(l) (1) The Department of Human Services shall provide to foster parents and preadoptive parents of a child in department custody notice of any proceeding to be held with respect to the child. (2) Relative caregivers shall be provided notice by the original petitioner in the juvenile matter. (3) (A) The court shall allow foster parents, preadoptive parents, and relative caregivers an opportunity to be heard in any proceeding held with respect to a child in their care but only as witnesses. (B) Foster parents, adoptive parents, and relative caregivers shall not be made parties to the proceeding solely on the basis that the persons are entitled to notice and the opportunity to be heard. (C) Foster parents, adoptive parents, and relative caregivers shall not be made parties to the proceeding when reunification remains the goal of the case. (D) A foster parent, adoptive parent, preadoptive parent, or relative caregiver may not offer evidence to be considered by the court unless he or she is called as a witness.

(1) The Department of Human Services shall provide to foster parents and preadoptive parents of a child in department custody notice of any proceeding to be held with respect to the child.

(2) Relative caregivers shall be provided notice by the original petitioner in the juvenile matter.

(3) (A) The court shall allow foster parents, preadoptive parents, and relative caregivers an opportunity to be heard in any proceeding held with respect to a child in their care but only as witnesses. (B) Foster parents, adoptive parents, and relative caregivers shall not be made parties to the proceeding solely on the basis that the persons are entitled to notice and the opportunity to be heard. (C) Foster parents, adoptive parents, and relative caregivers shall not be made parties to the proceeding when reunification remains the goal of the case. (D) A foster parent, adoptive parent, preadoptive parent, or relative caregiver may not offer evidence to be considered by the court unless he or she is called as a witness.

(A) The court shall allow foster parents, preadoptive parents, and relative caregivers an opportunity to be heard in any proceeding held with respect to a child in their care but only as witnesses.

(B) Foster parents, adoptive parents, and relative caregivers shall not be made parties to the proceeding solely on the basis that the persons are entitled to notice and the opportunity to be heard.

(C) Foster parents, adoptive parents, and relative caregivers shall not be made parties to the proceeding when reunification remains the goal of the case.

(D) A foster parent, adoptive parent, preadoptive parent, or relative caregiver may not offer evidence to be considered by the court unless he or she is called as a witness.

(m) (1) (A) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any dependency-neglect proceeding involving a grandchild who is twelve (12) months of age or younger when: (i) The grandchild resides with this grandparent for at least six (6) continuous months prior to his or her first birthday; (ii) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; (iii) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated; and (iv) Notice to a grandparent under this subdivision (m)(1) shall be given by the department. (B) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any dependency-neglect proceeding involving a grandchild who is twelve (12) months of age or older when: (i) The grandchild resides with this grandparent for at least one (1) continuous year regardless of age; (ii) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and (iii) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated. (2) For purposes of this subsection, "grandparent" does not mean a parent of a putative father of a child.

(1) (A) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any dependency-neglect proceeding involving a grandchild who is twelve (12) months of age or younger when: (i) The grandchild resides with this grandparent for at least six (6) continuous months prior to his or her first birthday; (ii) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; (iii) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated; and (iv) Notice to a grandparent under this subdivision (m)(1) shall be given by the department. (B) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any dependency-neglect proceeding involving a grandchild who is twelve (12) months of age or older when: (i) The grandchild resides with this grandparent for at least one (1) continuous year regardless of age; (ii) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and (iii) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated.

(A) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any dependency-neglect proceeding involving a grandchild who is twelve (12) months of age or younger when: (i) The grandchild resides with this grandparent for at least six (6) continuous months prior to his or her first birthday; (ii) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; (iii) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated; and (iv) Notice to a grandparent under this subdivision (m)(1) shall be given by the department.

(i) The grandchild resides with this grandparent for at least six (6) continuous months prior to his or her first birthday;

(ii) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent;

(iii) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated; and

(iv) Notice to a grandparent under this subdivision (m)(1) shall be given by the department.

(B) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any dependency-neglect proceeding involving a grandchild who is twelve (12) months of age or older when: (i) The grandchild resides with this grandparent for at least one (1) continuous year regardless of age; (ii) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and (iii) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated.

(i) The grandchild resides with this grandparent for at least one (1) continuous year regardless of age;

(ii) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and

(iii) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated.

(2) For purposes of this subsection, "grandparent" does not mean a parent of a putative father of a child.

(n) (1) (A) The department shall make diligent efforts to identify putative parents in a dependency-neglect proceeding. (B) Diligent efforts shall include without limitation checking the Putative Father Registry. (2) (A) (i) If the petitioner has named and served a putative parent under this section and § 9-27-311 , the court shall resolve the party status of a putative parent and the rights of the putative parent as a putative father. (ii) A court may consider the termination of the rights of a putative parent under § 9-27-341 if the court finds that the putative parent has established significant contacts and the rights of the putative parent as a putative father have attached. (B) The court shall provide a putative parent the opportunity to be heard regarding his or her efforts in establishing paternity and his or her significant contacts with regard to the juvenile involved in the dependency-neglect proceedings. (C) (i) The court may order deoxyribonucleic acid (DNA) testing at any time. (ii) A court may establish paternity or determine whether a putative parent is a parent as defined in § 9-27-303 without a deoxyribonucleic acid (DNA) test being ordered by the court or performed. (D) If there is more than one (1) putative parent of the juvenile, the court shall order a deoxyribonucleic acid (DNA) test of each identified putative parent to determine the biological parent of the juvenile. (E) A deoxyribonucleic acid (DNA) test establishing a putative parent as the biological parent of a juvenile is sufficient evidence on which the court may adjudicate paternity, establish that the putative parent is a parent for the purposes of this subchapter, and enter a decree of paternity. (3) A putative parent has the burden to prove paternity and significant contacts with the juvenile. (4) (A) Except as provided under § 9-27-311 , a putative parent shall be named as a party if the circuit court determines that the putative parent: (i) Has established paternity and the circuit court enters an order establishing the putative parent as the parent for the purposes of this subchapter and directs that the parent be added to the case as a party defendant; or (ii) Has established significant contacts with the juvenile and the circuit court enters an order that putative parent rights have attached and the putative parent shall be added to the case as a party defendant. (B) (i) If the petitioner has named and served a putative parent under this section and § 9-27-311 and the circuit court finds that the putative parent has established paternity, the court shall: (a) Enter an order establishing the putative parent as a parent for the purposes of this subchapter; and (b) Maintain the parent as a party defendant. (ii) If the petitioner has named and served a putative parent under this section and § 9-27-311 and the circuit court finds that the putative parent has established significant contacts with the juvenile, the court shall: (a) Enter an order stating that the rights of the putative parent have attached; and (b) Maintain the putative parent as a party defendant. (C) If the circuit court finds that the putative parent, after being given notice and opportunity to be heard, has not established paternity or significant contacts, the circuit court shall: (i) Find that the putative parent is not a parent for the purposes of this subchapter; (ii) Find that the rights of the putative parent have not attached; and (iii) Dismiss the putative parent from the case and enter an order finding that no further notice, including notice of an adoption petition concerning the juvenile, is required to be provided to the putative parent. (5) The rights of a putative parent to appointed counsel are subject to § 9-27-316(h)(3) .

(1) (A) The department shall make diligent efforts to identify putative parents in a dependency-neglect proceeding. (B) Diligent efforts shall include without limitation checking the Putative Father Registry.

(A) The department shall make diligent efforts to identify putative parents in a dependency-neglect proceeding.

(B) Diligent efforts shall include without limitation checking the Putative Father Registry.

(2) (A) (i) If the petitioner has named and served a putative parent under this section and § 9-27-311 , the court shall resolve the party status of a putative parent and the rights of the putative parent as a putative father. (ii) A court may consider the termination of the rights of a putative parent under § 9-27-341 if the court finds that the putative parent has established significant contacts and the rights of the putative parent as a putative father have attached. (B) The court shall provide a putative parent the opportunity to be heard regarding his or her efforts in establishing paternity and his or her significant contacts with regard to the juvenile involved in the dependency-neglect proceedings. (C) (i) The court may order deoxyribonucleic acid (DNA) testing at any time. (ii) A court may establish paternity or determine whether a putative parent is a parent as defined in § 9-27-303 without a deoxyribonucleic acid (DNA) test being ordered by the court or performed. (D) If there is more than one (1) putative parent of the juvenile, the court shall order a deoxyribonucleic acid (DNA) test of each identified putative parent to determine the biological parent of the juvenile. (E) A deoxyribonucleic acid (DNA) test establishing a putative parent as the biological parent of a juvenile is sufficient evidence on which the court may adjudicate paternity, establish that the putative parent is a parent for the purposes of this subchapter, and enter a decree of paternity.

(A) (i) If the petitioner has named and served a putative parent under this section and § 9-27-311 , the court shall resolve the party status of a putative parent and the rights of the putative parent as a putative father. (ii) A court may consider the termination of the rights of a putative parent under § 9-27-341 if the court finds that the putative parent has established significant contacts and the rights of the putative parent as a putative father have attached.

(i) If the petitioner has named and served a putative parent under this section and § 9-27-311 , the court shall resolve the party status of a putative parent and the rights of the putative parent as a putative father.

(ii) A court may consider the termination of the rights of a putative parent under § 9-27-341 if the court finds that the putative parent has established significant contacts and the rights of the putative parent as a putative father have attached.

(B) The court shall provide a putative parent the opportunity to be heard regarding his or her efforts in establishing paternity and his or her significant contacts with regard to the juvenile involved in the dependency-neglect proceedings.

(C) (i) The court may order deoxyribonucleic acid (DNA) testing at any time. (ii) A court may establish paternity or determine whether a putative parent is a parent as defined in § 9-27-303 without a deoxyribonucleic acid (DNA) test being ordered by the court or performed.

(i) The court may order deoxyribonucleic acid (DNA) testing at any time.

(ii) A court may establish paternity or determine whether a putative parent is a parent as defined in § 9-27-303 without a deoxyribonucleic acid (DNA) test being ordered by the court or performed.

(D) If there is more than one (1) putative parent of the juvenile, the court shall order a deoxyribonucleic acid (DNA) test of each identified putative parent to determine the biological parent of the juvenile.

(E) A deoxyribonucleic acid (DNA) test establishing a putative parent as the biological parent of a juvenile is sufficient evidence on which the court may adjudicate paternity, establish that the putative parent is a parent for the purposes of this subchapter, and enter a decree of paternity.

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

(4) (A) Except as provided under § 9-27-311 , a putative parent shall be named as a party if the circuit court determines that the putative parent: (i) Has established paternity and the circuit court enters an order establishing the putative parent as the parent for the purposes of this subchapter and directs that the parent be added to the case as a party defendant; or (ii) Has established significant contacts with the juvenile and the circuit court enters an order that putative parent rights have attached and the putative parent shall be added to the case as a party defendant. (B) (i) If the petitioner has named and served a putative parent under this section and § 9-27-311 and the circuit court finds that the putative parent has established paternity, the court shall: (a) Enter an order establishing the putative parent as a parent for the purposes of this subchapter; and (b) Maintain the parent as a party defendant. (ii) If the petitioner has named and served a putative parent under this section and § 9-27-311 and the circuit court finds that the putative parent has established significant contacts with the juvenile, the court shall: (a) Enter an order stating that the rights of the putative parent have attached; and (b) Maintain the putative parent as a party defendant. (C) If the circuit court finds that the putative parent, after being given notice and opportunity to be heard, has not established paternity or significant contacts, the circuit court shall: (i) Find that the putative parent is not a parent for the purposes of this subchapter; (ii) Find that the rights of the putative parent have not attached; and (iii) Dismiss the putative parent from the case and enter an order finding that no further notice, including notice of an adoption petition concerning the juvenile, is required to be provided to the putative parent.

(A) Except as provided under § 9-27-311 , a putative parent shall be named as a party if the circuit court determines that the putative parent: (i) Has established paternity and the circuit court enters an order establishing the putative parent as the parent for the purposes of this subchapter and directs that the parent be added to the case as a party defendant; or (ii) Has established significant contacts with the juvenile and the circuit court enters an order that putative parent rights have attached and the putative parent shall be added to the case as a party defendant.

(i) Has established paternity and the circuit court enters an order establishing the putative parent as the parent for the purposes of this subchapter and directs that the parent be added to the case as a party defendant; or

(ii) Has established significant contacts with the juvenile and the circuit court enters an order that putative parent rights have attached and the putative parent shall be added to the case as a party defendant.

(B) (i) If the petitioner has named and served a putative parent under this section and § 9-27-311 and the circuit court finds that the putative parent has established paternity, the court shall: (a) Enter an order establishing the putative parent as a parent for the purposes of this subchapter; and (b) Maintain the parent as a party defendant. (ii) If the petitioner has named and served a putative parent under this section and § 9-27-311 and the circuit court finds that the putative parent has established significant contacts with the juvenile, the court shall: (a) Enter an order stating that the rights of the putative parent have attached; and (b) Maintain the putative parent as a party defendant.

(i) If the petitioner has named and served a putative parent under this section and § 9-27-311 and the circuit court finds that the putative parent has established paternity, the court shall: (a) Enter an order establishing the putative parent as a parent for the purposes of this subchapter; and (b) Maintain the parent as a party defendant.

(a) Enter an order establishing the putative parent as a parent for the purposes of this subchapter; and

(b) Maintain the parent as a party defendant.

(ii) If the petitioner has named and served a putative parent under this section and § 9-27-311 and the circuit court finds that the putative parent has established significant contacts with the juvenile, the court shall: (a) Enter an order stating that the rights of the putative parent have attached; and (b) Maintain the putative parent as a party defendant.

(a) Enter an order stating that the rights of the putative parent have attached; and

(b) Maintain the putative parent as a party defendant.

(C) If the circuit court finds that the putative parent, after being given notice and opportunity to be heard, has not established paternity or significant contacts, the circuit court shall: (i) Find that the putative parent is not a parent for the purposes of this subchapter; (ii) Find that the rights of the putative parent have not attached; and (iii) Dismiss the putative parent from the case and enter an order finding that no further notice, including notice of an adoption petition concerning the juvenile, is required to be provided to the putative parent.

(i) Find that the putative parent is not a parent for the purposes of this subchapter;

(ii) Find that the rights of the putative parent have not attached; and

(iii) Dismiss the putative parent from the case and enter an order finding that no further notice, including notice of an adoption petition concerning the juvenile, is required to be provided to the putative parent.

(5) The rights of a putative parent to appointed counsel are subject to § 9-27-316(h)(3) .

(o) (1) (A) If the court determines that the health and safety of the juvenile can be adequately protected and it is in the best interest of the child, unsupervised family time may occur between a juvenile and a parent. (B) Unless the court has restricted unsupervised family time, the department may allow unsupervised family time between a juvenile and a parent at any time. (2) (A) A petitioner has the burden of proving at every hearing that unsupervised family time is not in the best interest of a child. (B) If the court determines that unsupervised family time between a juvenile and a parent is not in the best interest of the child, family time between the juvenile and the parent shall be supervised. (C) (i) A rebuttable presumption that unsupervised family time is in the best interest of the juvenile applies at every hearing. (ii) The burden of proof to rebut the presumption is proof by a preponderance of the evidence. (D) The court may consider the preferences of the juvenile if the juvenile is of a sufficient age and capacity to reason, regardless of the juvenile's chronological age. (E) (i) If the court orders supervised family time, the parent from whom custody of the juvenile has been removed shall receive a minimum of four (4) hours of supervised family time per week. (ii) The court may order less than four (4) hours of supervised family time if the court determines that the supervised family time: (a) Is not in the best interest of the juvenile; or (b) Will impose an extreme hardship on one (1) of the parties.

(1) (A) If the court determines that the health and safety of the juvenile can be adequately protected and it is in the best interest of the child, unsupervised family time may occur between a juvenile and a parent. (B) Unless the court has restricted unsupervised family time, the department may allow unsupervised family time between a juvenile and a parent at any time.

(A) If the court determines that the health and safety of the juvenile can be adequately protected and it is in the best interest of the child, unsupervised family time may occur between a juvenile and a parent.

(B) Unless the court has restricted unsupervised family time, the department may allow unsupervised family time between a juvenile and a parent at any time.

(2) (A) A petitioner has the burden of proving at every hearing that unsupervised family time is not in the best interest of a child. (B) If the court determines that unsupervised family time between a juvenile and a parent is not in the best interest of the child, family time between the juvenile and the parent shall be supervised. (C) (i) A rebuttable presumption that unsupervised family time is in the best interest of the juvenile applies at every hearing. (ii) The burden of proof to rebut the presumption is proof by a preponderance of the evidence. (D) The court may consider the preferences of the juvenile if the juvenile is of a sufficient age and capacity to reason, regardless of the juvenile's chronological age. (E) (i) If the court orders supervised family time, the parent from whom custody of the juvenile has been removed shall receive a minimum of four (4) hours of supervised family time per week. (ii) The court may order less than four (4) hours of supervised family time if the court determines that the supervised family time: (a) Is not in the best interest of the juvenile; or (b) Will impose an extreme hardship on one (1) of the parties.

(A) A petitioner has the burden of proving at every hearing that unsupervised family time is not in the best interest of a child.

(B) If the court determines that unsupervised family time between a juvenile and a parent is not in the best interest of the child, family time between the juvenile and the parent shall be supervised.

(C) (i) A rebuttable presumption that unsupervised family time is in the best interest of the juvenile applies at every hearing. (ii) The burden of proof to rebut the presumption is proof by a preponderance of the evidence.

(i) A rebuttable presumption that unsupervised family time is in the best interest of the juvenile applies at every hearing.

(ii) The burden of proof to rebut the presumption is proof by a preponderance of the evidence.

(D) The court may consider the preferences of the juvenile if the juvenile is of a sufficient age and capacity to reason, regardless of the juvenile's chronological age.

(E) (i) If the court orders supervised family time, the parent from whom custody of the juvenile has been removed shall receive a minimum of four (4) hours of supervised family time per week. (ii) The court may order less than four (4) hours of supervised family time if the court determines that the supervised family time: (a) Is not in the best interest of the juvenile; or (b) Will impose an extreme hardship on one (1) of the parties.

(i) If the court orders supervised family time, the parent from whom custody of the juvenile has been removed shall receive a minimum of four (4) hours of supervised family time per week.

(ii) The court may order less than four (4) hours of supervised family time if the court determines that the supervised family time: (a) Is not in the best interest of the juvenile; or (b) Will impose an extreme hardship on one (1) of the parties.

(a) Is not in the best interest of the juvenile; or

(b) Will impose an extreme hardship on one (1) of the parties.

(p) When family time is ordered between a juvenile and the parent: (1) (A) A parent's positive result from a drug test is insufficient to deny the parent family time with a juvenile. (B) If at the time that family time between the parent and a juvenile occurs a parent is under the influence of drugs or alcohol, exhibits behavior that may create an unsafe environment for a child, or appears to be actively impaired, the family time may be cancelled; and (2) A relative or fictive kin may transport a juvenile to and from family time with a parent if: (A) It is in the best interest of a child; (B) The relative or fictive kin submits to a background check and a child maltreatment registry check; and (C) The relative or fictive kin meets the driving requirements established by the department.

(1) (A) A parent's positive result from a drug test is insufficient to deny the parent family time with a juvenile. (B) If at the time that family time between the parent and a juvenile occurs a parent is under the influence of drugs or alcohol, exhibits behavior that may create an unsafe environment for a child, or appears to be actively impaired, the family time may be cancelled; and

(A) A parent's positive result from a drug test is insufficient to deny the parent family time with a juvenile.

(B) If at the time that family time between the parent and a juvenile occurs a parent is under the influence of drugs or alcohol, exhibits behavior that may create an unsafe environment for a child, or appears to be actively impaired, the family time may be cancelled; and

(2) A relative or fictive kin may transport a juvenile to and from family time with a parent if: (A) It is in the best interest of a child; (B) The relative or fictive kin submits to a background check and a child maltreatment registry check; and (C) The relative or fictive kin meets the driving requirements established by the department.

(A) It is in the best interest of a child;

(B) The relative or fictive kin submits to a background check and a child maltreatment registry check; and

(C) The relative or fictive kin meets the driving requirements established by the department.

(q) (1) A court shall set a hearing to address the entry of a written order if: (A) The written order is not provided to the court for entry within the time specified under this subchapter; and (B) A party files a motion for a hearing to address the entry of the written order. (2) (A) The court shall conduct a hearing to address the entry of the written order within thirty (30) days from the date on which the motion for a hearing to address the entry of the written order is filed. (B) A hearing to address the entry of a written order may be the next scheduled hearing in the proceeding if the hearing to address the entry of the written order is being held within thirty (30) days from the date on which the motion for a hearing to address the entry of the written order is filed. (C) The court is not required to conduct a hearing to address the entry of a written order if the written order is submitted to the court. (3) The court shall reassign the preparation of the written order as needed.

(1) A court shall set a hearing to address the entry of a written order if: (A) The written order is not provided to the court for entry within the time specified under this subchapter; and (B) A party files a motion for a hearing to address the entry of the written order.

(A) The written order is not provided to the court for entry within the time specified under this subchapter; and

(B) A party files a motion for a hearing to address the entry of the written order.

(2) (A) The court shall conduct a hearing to address the entry of the written order within thirty (30) days from the date on which the motion for a hearing to address the entry of the written order is filed. (B) A hearing to address the entry of a written order may be the next scheduled hearing in the proceeding if the hearing to address the entry of the written order is being held within thirty (30) days from the date on which the motion for a hearing to address the entry of the written order is filed. (C) The court is not required to conduct a hearing to address the entry of a written order if the written order is submitted to the court.

(A) The court shall conduct a hearing to address the entry of the written order within thirty (30) days from the date on which the motion for a hearing to address the entry of the written order is filed.

(B) A hearing to address the entry of a written order may be the next scheduled hearing in the proceeding if the hearing to address the entry of the written order is being held within thirty (30) days from the date on which the motion for a hearing to address the entry of the written order is filed.

(C) The court is not required to conduct a hearing to address the entry of a written order if the written order is submitted to the court.

(3) The court shall reassign the preparation of the written order as needed.

Amended by Act 2023, No. 168,§ 2, eff. 8/1/2023.

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

Amended by Act 2021, No. 814,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 814,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 813,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 738,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 738,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 558,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 558,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 558,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 541,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 329,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 945,§ 3, eff. 7/1/2019.

Amended by Act 2017, No. 1111,§ 2, eff. 8/1/2017

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

Amended by Act 2015, No. 1022,§ 3, eff. 7/22/2015

Amended by Act 2013, No. 1055,§ 9, eff. 8/16/2013

Acts 1989, No. 273, § 24; 1993, No. 758, § 5; 1995, No. 533, § 6; 1997, No. 1118, § 2; 1999, No. 401, § 5; 1999, No. 1192, § 17; 2001, No. 987, § 3; 2001, No. 1497, § 2; 2001, No. 1503, § 5; 2003, No. 1166, § 14; 2003, No. 1319, § 12; 2007, No. 587, § 12; 2009, No. 1311, § 1; 2011, No. 591, § 6; 2011, No. 1175, § 5