reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 3 - ARKANSAS JUVENILE CODE (§§ 9-27-301 — 9-27-371) › Section 9-27-349 - Compliance with federal acts

The Division of Youth Services shall have the responsibility for the collection, review, and reporting of statistical information on detained or incarcerated juveniles, for adult jails, adult lock-ups, and juvenile detention facilities to assure compliance with the provisions of Pub. L. No. 93-415, the Juvenile Justice and Delinquency Prevention Act of 1974.
Acts 1975, No. 451, § 46; A.S.A. 1947, § 45-446; Acts 1989, No. 430, § 1; 1989, No. 514, § 1; 2007, No. 587, § 24
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 3 - ARKANSAS JUVENILE CODE (§§ 9-27-301 — 9-27-371) › Section 9-27-350 - Compacts to share costs

Nothing in this subchapter shall prohibit two (2) or more counties, cities, or school districts of this state from agreeing by compact to share the costs of court personnel or juvenile facilities to serve both or all of the counties so agreeing.
Acts 1975, No. 451, § 49; A.S.A. 1947, § 45-449; Acts 2003, No. 1166, § 26
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 3 - ARKANSAS JUVENILE CODE (§§ 9-27-301 — 9-27-371) › Section 9-27-351 - Escape considered an act of delinquency

The escape of a juvenile from the locked portion of a juvenile facility is an act of delinquency.
Acts 1979, No. 815, § 6; A.S.A. 1947, § 45-452
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 3 - ARKANSAS JUVENILE CODE (§§ 9-27-301 — 9-27-371) › Section 9-27-353 - Duties and responsibilities of custodian

(a)
It shall be the duty of any person or agency appointed as the custodian of any juvenile in a proceeding under this subchapter to care for and maintain the juvenile and to see that the juvenile is protected, properly trained and educated, and has the opportunity to learn a trade, occupation, or profession.
(b)
(1)
The person or agency appointed as the custodian of a juvenile in a proceeding under this subchapter has the right to obtain medical care for the juvenile, including giving consent to specific medical, dental, or mental health treatments and procedures as required in the opinion of a duly authorized or licensed physician, dentist, surgeon, or psychologist, whether or not such care is rendered on an emergency, inpatient, or outpatient basis.
(2)
If there is an open dependency-neglect proceeding, the custodian shall not make any of the following decisions without receiving express court approval:
(A)
Consent to the removal of bodily organs, unless the procedure is necessary to save the life of the juvenile;
(B)
Consent to withhold life-saving treatments;
(C)
Consent to withhold life-sustaining treatments; or
(D)
The amputation of any body part, unless the procedure is necessary in an emergency to save the life of the juvenile.
(c)
The custodian has the right to enroll the juvenile in school upon the presentation of an order of custody.
(d)
The custodian has the right to obtain medical and school records of any juvenile in his or her custody upon presentation of an order of custody.
(e)
Any agency appointed as the custodian of a juvenile has the right to consent to the juvenile's travel on vacation or similar trips.
(f)
(1)
It shall be the duty of every person granted custody, guardianship, or adoption of any juvenile in a proceeding under or arising out of a dependency-neglect action under this subchapter to ensure that the juvenile is not returned to the care or supervision of any person from whom the child was removed or any person the court has specifically ordered not to have care, supervision, or custody of the juvenile.
(2)
This section shall not be construed to prohibit these placements if the person who has been granted custody, guardianship, or adoption obtains a court order to that effect from the juvenile division of circuit court that made the award of custody, guardianship, or adoption.
(3)
Failure to abide by subdivision (f)(1) of this section is punishable as a criminal offense under §
5-26-502(a)(3)
.
(g)
The court shall not split custody, that is, grant legal custody to one (1) person or agency and grant physical custody to another person or agency.
Amended by Act 2015, No. 825,§ 5, eff. 7/22/2015
Amended by Act 2013, No. 1055,§ 12, eff. 8/16/2013
Acts 2001, No. 1503, § 15; 2007, No. 587, § 25; 2009, No. 956, § 23
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 3 - ARKANSAS JUVENILE CODE (§§ 9-27-301 — 9-27-371) › Section 9-27-354 - Progress reports on juveniles

(a)
(1)
The court may order progress reports from a service provider whenever a juvenile is placed out of home and in a setting other than a Department of Human Services foster home.
(2)
The order shall:
(A)
Set forth the schedule for the progress reports; and
(B)
Identify the service provider responsible for submitting the progress reports.
(3)
The service provider shall be provided a copy of the written court order by:
(A)
Certified mail, restricted delivery; or
(B)
Process server.
(4)
Failure to follow the order of the court shall subject the service provider to contempt sanctions of the court.
(b)
A progress report shall include, but not be limited to the:
(1)
Reason for admission;
(2)
Projected length of stay;
(3)
Identified goals and objectives to be addressed during placement;
(4)
Progress of the juvenile in meeting goals and objectives;
(5)
Barriers to progress;
(6)
Significant behavioral disruptions and response of provider; and
(7)
Recommendations upon the juvenile's release.
(c)
The service provider shall immediately report any incidents concerning the juvenile's health or safety to:
(1)
The juvenile's attorney or attorney ad litem; and
(2)
The custodian of the juvenile.
Acts 2003, No. 988, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 3 - ARKANSAS JUVENILE CODE (§§ 9-27-301 — 9-27-371) › Section 9-27-357 - Deoxyribonucleic acid samples

(a)
A person who is adjudicated delinquent for the following offenses shall have a deoxyribonucleic acid sample drawn:
(1)
Rape, §
5-14-103
;
(2)
Sexual assault in the first degree, §
5-14-124
;
(3)
Sexual assault in the second degree, §
5-14-125
;
(4)
Incest, §
5-26-202
;
(5)
Capital murder, §
5-10-101
;
(6)
Murder in the first degree, §
5-10-102
;
(7)
Murder in the second degree, §
5-10-103
;
(8)
Kidnapping, §
5-11-102
;
(9)
Aggravated robbery, §
5-12-103
;
(10)
Terroristic act, §
5-13-310
; and
(11)
Aggravated assault upon a law enforcement officer or an employee of a correctional facility, §
5-13-211
, if a Class Y felony.
(b)
The court shall order a fine of two hundred fifty dollars ($250) unless the court finds that the fine would cause an undue hardship.
(c)
(1)
Only a juvenile adjudicated delinquent for one (1) of the offenses listed in subsection (a) of this section shall have a deoxyribonucleic acid sample drawn upon intake at a juvenile detention facility or intake at a Division of Youth Services facility.
(2)
If the juvenile is not placed in a facility, the juvenile probation officer to whom the juvenile is assigned shall ensure that the deoxyribonucleic acid sample is drawn.
(d)
All deoxyribonucleic acid samples taken under this section shall be taken in accordance with rules promulgated by the State Crime Laboratory.
Amended by Act 2019, No. 315,§ 720, eff. 7/24/2019.
Amended by Act 2017, No. 367,§ 9, eff. 8/1/2017
Amended by Act 2015, No. 1084,§ 1, eff. 7/22/2015
Acts 2003, No. 1265, § 5[4]
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 3 - ARKANSAS JUVENILE CODE (§§ 9-27-301 — 9-27-371) › Section 9-27-359 - Fifteenth-month review hearing

(a)
A hearing shall be held to determine whether the Department of Human Services shall file a petition to terminate parental rights if:
(1)
A juvenile has been in an out-of-home placement for fifteen (15) continuous months, excluding trial placements and time on runaway status; and
(2)
The goal at the permanency planning hearing was either reunification or Another Planned Permanent Living Arrangement (APPLA).
(b)
The circuit court shall authorize the department to file a petition to terminate parental rights unless:
(1)
(A)
(i)
The child is being cared for by a relative or relatives;
(ii)
Termination of parental rights is not in the best interest of the child;
(iii)
The relative has made a long-term commitment to the child; and
(iv)
The relative is willing to pursue adoption, guardianship, or permanent custody of the juvenile; or
(B)
(i)
The child is being cared for by his or her parent who is in foster care; and
(ii)
Termination of parental rights is not in the best interest of the child;
(2)
(A)
The department has documented in the case plan a compelling reason why filing a petition is not in the best interest of the child; and
(B)
The court approves the compelling reason as documented in the case plan; or
(3)
The department has not provided to the family of the juvenile, consistent with the time period in the case plan, the services the department deemed necessary for the safe return of the child to the child's home if reunification services were required to be made to the family.
(c)
If the court determines the permanency goal to be adoption, the department shall file a petition to terminate parental rights no later than the fifteenth month of the child's entry into foster care.
(d)
If the court finds that the juvenile should remain in an out-of-home placement, either long-term or otherwise, the juvenile's case shall be reviewed every six (6) months, with an annual permanency planning hearing.
(e)
A written order shall be filed by the court or by a party or party's attorney as designated by the court and distributed to the parties within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner.
Amended by Act 2013, No. 1055,§ 14, eff. 8/16/2013
Acts 2005, No. 1191, § 5; 2011, No. 793, § 8; 2011, No. 1175, § 10
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 3 - ARKANSAS JUVENILE CODE (§§ 9-27-301 — 9-27-371) › Section 9-27-360 - Review of termination of parental rights

(a)
After an order of termination of parental rights, the circuit court shall review the case following the termination hearing at least every six (6) months until permanency is achieved, and a permanency planning hearing shall be held each year following the initial permanency hearing until permanency is achieved for that juvenile.
(b)
The court shall determine and shall include in its orders whether:
(1)
The case plan, services, and current placement meet the juvenile's special needs and best interest, with the juvenile's health, safety, and educational needs specifically addressed;
(2)
The Department of Human Services has made reasonable efforts to finalize a permanency plan for the juvenile; and
(3)
The case plan is moving toward an appropriate permanent placement for the juvenile.
(c)
In making its findings, the court shall consider the extent of the compliance of the department and the juvenile with the case plan and court orders to finalize the permanency plan.
(d)
A written order shall be filed by the court or by a party or a party's attorney as designated by the court and distributed to the parties within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner.
Acts 2005, No. 1191, § 5; 2007, No. 587, § 28
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 3 - ARKANSAS JUVENILE CODE (§§ 9-27-301 — 9-27-371) › Section 9-27-364 - Division of Youth Services aftercare

(a)
(1)
After an adjudication of delinquency and upon commitment to the Division of Youth Services, the court may order compliance with a division aftercare plan upon a juvenile's release from the division, if recommended as part of the treatment plan submitted to the court.
(2)
The division or its designee shall provide the terms and conditions of the aftercare plan in writing to the juvenile before the juvenile's release from the division.
(3)
The division or its designee shall provide the aftercare terms and conditions to the juvenile's attorney and the juvenile's legal parent, guardian, or custodian by the division or its designee, the prosecutor, and the committing court before the juvenile's release from the division.
(4)
The division or its designee shall explain the terms of the aftercare plan to the juvenile and his or her legal parent, guardian, or custodian before the juvenile's release from the division.
(b)
(1)
Any violation of an aftercare term may be reported to the prosecuting attorney, who may initiate a petition in the committing court for violation of the aftercare plan.
(2)
The Department of Human Services may also initiate a petition for a violation with the committing court.
(c)
The petition shall contain specific factual allegations constituting each violation of the aftercare plan and shall be served upon the juvenile, his or her attorney, his or her parent, guardian, or custodian, and the prosecuting attorney if filed by the department.
(d)
A hearing shall be set within a reasonable time after the filing of the petition or within fourteen (14) days if the juvenile has been detained as a result of the filing of the petition for the aftercare violation.
(e)
If the court finds by a preponderance of the evidence that the juvenile violated the terms of the aftercare plan, the court may:
(1)
Extend the terms of the aftercare plan, if requested by the division;
(2)
Impose additional conditions to the aftercare plan, if requested by the division; or
(3)
Make any disposition that could have been made at the time commitment was ordered under §
9-27-330
.
Acts 2009, No. 956, § 25
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 3 - ARKANSAS JUVENILE CODE (§§ 9-27-301 — 9-27-371) › Section 9-27-366 - Confessions

In determining whether a juvenile's confession was voluntarily, knowingly, and intelligently made, the court shall consider all circumstances surrounding the confession, including without limitation the following:
(1)
The juvenile's physical, mental, and emotional maturity;
(2)
Whether the juvenile understood the consequences of the confession;
(3)
In cases in which the custodial parent, guardian, or custodian agreed to the interrogation that led to the confession, whether the custodial parent, guardian, or custodian understood the consequences of the confession or has an interest in the matter that is adverse to the juvenile;
(4)
Whether the juvenile and his or her custodial parent, guardian, or custodian were informed of the alleged delinquent act;
(5)
Whether the confession was the result of any coercion, force, or inducement;
(6)
Whether the juvenile and his or her custodial parent, guardian, or custodian had waived the right to counsel or been provided counsel; and
(7)
Whether any of the following occurred:
(A)
The oral, written, or sign language confession was electronically recorded in its entirety;
(B)
The entire interrogation was electronically recorded;
(C)
The audio or video recordings of the interrogation, if available, were used; and
(D)
All of the voices on the recording are identified and the names of all persons present during the interrogation are identified.
Acts 2009, No. 759, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 3 - ARKANSAS JUVENILE CODE (§§ 9-27-301 — 9-27-371) › Section 9-27-367 - Court costs, fees, and fines

(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
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 3 - ARKANSAS JUVENILE CODE (§§ 9-27-301 — 9-27-371) › Section 9-27-368 - Risk and needs assessments

(a)
The Administrative Office of the Courts shall work with the circuit courts to implement a validated risk and needs assessment that shall be provided to the juvenile divisions of the circuit courts to be used at delinquency disposition hearings and to aid in juvenile treatment plans.
(b)
A juvenile division circuit court judge shall have the discretion to designate either a trained juvenile intake or probation officer to conduct the validated risk and needs assessment in the court of the circuit court judge.
(c)
(1)
The juvenile intake or probation officer conducting the risk and needs assessment shall interview the juvenile and the juvenile's parent, guardian, or custodian.
(2)
Information gathered by the juvenile intake or probation officer during the intake process implemented to complete the risk and needs assessment shall be confidential and shall not be used against the juvenile in the delinquency proceeding.
(3)
The juvenile intake or probation officer conducting the risk and needs assessment shall not discuss any offense for which the juvenile is currently charged during the intake assessment.
(d)
A risk and needs assessment prepared for a delinquency disposition hearing shall be provided to the necessary parties seven (7) days in advance and presented to the court at the disposition hearing.
(e)
(1)
The court may order an updated risk and needs assessment that should be updated when there are significant changes in the juvenile's treatment plan.
(2)
Any revisions or updates to the risk and needs assessment shall be provided to the necessary parties seven (7) days in advance of a court hearing in the delinquency proceeding.
(f)
Juvenile risk and needs assessments may be provided to the Division of Youth Services personnel, service providers, and other necessary persons designated by the court to provide appropriate treatment and case plan services.
Added by Act 2015, No. 1023,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 3 - ARKANSAS JUVENILE CODE (§§ 9-27-301 — 9-27-371) › Section 9-27-371 - Punitive isolation or solitary confinement of juveniles - Definitions

(a)
As used in this section:
(1)
"Punitive isolation" means the placement of a juvenile in a location that is separate from the general population as a punishment; and
(2)
"Solitary confinement" means the isolation of a juvenile in a cell separate from the general population as a punishment.
(b)
Subject to subsection (c) of this section, a juvenile who has been placed or detained in a juvenile detention facility shall not be placed in punitive isolation or solitary confinement as a disciplinary measure for more than twenty-four (24) hours unless the:
(1)
Placement of the juvenile in punitive isolation or solitary confinement is due to:
(A)
A physical or sexual assault committed by the juvenile while in the juvenile detention facility;
(B)
Conduct of the juvenile that poses an imminent threat of harm to the safety or well-being of the juvenile, the staff, or other juveniles in the juvenile detention facility; or
(C)
The juvenile's escaping or attempting to escape from the juvenile detention facility; and
(2)
(A)
Director of the juvenile detention facility provides written authorization to place the juvenile in punitive isolation or solitary confinement for more than twenty-four (24) hours.
(B)
The director of the juvenile detention facility shall provide the written authorization described in subdivision (b)(2)(A) of this section for every twenty-four-hour period during which the juvenile remains in punitive isolation or solitary confinement after the initial twenty-four (24) hours.
(c)
(1)
A juvenile who has been placed or detained in a juvenile detention facility shall not be placed in solitary confinement if the juvenile:
(A)
Is pregnant;
(B)
Has delivered a child prior to or within thirty (30) days of being detained;
(C)
Is breastfeeding;
(D)
Is suffering from postpartum depression or another medically verifiable postpartum condition; or
(E)
Is caring for a child in a juvenile detention facility.
(2)
This subsection does not apply if:
(A)
The juvenile has engaged in an act of violence while incarcerated or detained that either resulted in or was likely to result in serious physical injury or death to another person; or
(B)
There is reasonable cause to believe that the use of solitary confinement is necessary to reduce a substantial risk of imminent serious physical injury or death to another person, as evidenced by the juvenile's recent conduct while incarcerated or detained.
Amended by Act 2021, No. 422,§ 1, eff. 7/28/2021.
Added by Act 2019, No. 971,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 4 - DIVISION OF DEPENDENCY-NEGLECT REPRESENTATION (§§ 9-27-401 — 9-27-404) › Section 9-27-402 - Case plans

(a)
(1)
A case plan shall be developed in all dependency-neglect cases or any case involving an out-of-home placement.
(2)
The case plan developed by the Department of Human Services under §
9-28-111
shall be filed with the court no later than thirty (30) days after the date the petition was filed or the juvenile was first placed out of home, whichever is sooner.
(3)
If the department does not have sufficient information before the adjudication hearing to complete all of the case plan, the department shall complete those parts for which information is available.
(4)
All parts of the case plan shall be completed and filed with the court thirty (30) days after the adjudication hearing.
(b)
The case plan is subject to court approval upon review by the court.
(c)
The participation of a parent, guardian, or custodian in the development or the acceptance of a case plan shall not constitute an admission of dependency-neglect.
Acts 1997, No. 1227, § 8; 1999, No. 401, § 16; 2009, No. 956, § 27; 2011, No. 591, § 9
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 4 - DIVISION OF DEPENDENCY-NEGLECT REPRESENTATION (§§ 9-27-401 — 9-27-404) › Section 9-27-403 - Dependency-neglect attorney contracts

(a)
The Division of Dependency-Neglect Representation may enter into a professional services contract with a qualified attorney who:
(1)
Has previously been employed as an attorney by the state before being appointed to provide representation in dependency-neglect cases by a circuit court; or
(2)
(A)
Is serving as a part-time public defender or other part-time state employee employed as an attorney when the part-time public defender or other part-time state employee employed as an attorney has been appointed to provide dependency-neglect services by a circuit court.
(B)
The part-time public defender or other part-time state employee employed as an attorney is eligible for additional compensation that shall not be construed as exceeding the line item maximum for the grade of the part-time public defender's or other part-time state employee's position when the division reimburses the part-time public defender or other part-time state employee employed as an attorney for dependency-neglect representation services performed.
(b)
This section does not prevent the division from otherwise contracting with any qualified attorney in the state for dependency-neglect cases.
Added by Act 2023, No. 122,§ 34, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 4 - DIVISION OF DEPENDENCY-NEGLECT REPRESENTATION (§§ 9-27-401 — 9-27-404) › Section 9-27-404 - [Multiple Versions] Division of Dependency-Neglect Representation funding

The Department of Finance and Administration shall transfer funds as needed from the State Administration of Justice Fund to the State Central Services Fund in amounts as are required to reimburse the State Central Services Fund for a portion of the expenses of the Division of Dependency-Neglect Representation.
Added by Act 2023, No. 122,§ 36, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 5 - EXTENDED JUVENILE JURISDICTION (§§ 9-27-501 — 9-27-510) › Section 9-27-501 - Extended juvenile jurisdiction designation

(a)
The state may request an extended juvenile jurisdiction designation in a delinquency petition or file a separate motion if the:
(1)
Juvenile, under thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, §
5-10-101
, or murder in the first degree, §
5-10-102
, and the state has overcome presumptions of lack of fitness to proceed and lack of capacity as set forth in §
9-27-502
;
(2)
(A)
Juvenile, thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, §
5-10-101
, or murder in the first degree, §
5-10-102
.
(B)
However, juveniles thirteen (13) years of age at the time of the alleged offense shall have an evaluation pursuant to §
9-27-502
, and the burden will be upon the juvenile to establish lack of fitness to proceed and lack of capacity;
(3)
Juvenile, fourteen (14) or fifteen (15) years of age at the time of the alleged offense, is charged with any of the following crimes:
(A)
Capital murder, §
5-10-101
;
(B)
Murder in the first degree, §
5-10-102
;
(C)
Murder in the second degree, §
5-10-103
;
(D)
Kidnapping, §
5-11-102
;
(E)
Aggravated robbery, §
5-12-103
;
(F)
Battery in the first degree, §
5-13-201
;
(G)
Battery in the second degree in violation of §
5-13-202(a)(2), (3), or (4)
;
(H)
Aggravated assault, §
5-13-204
;
(I)
Terroristic act, §
5-13-310
;
(J)
Rape, §
5-14-103
;
(K)
Sexual assault in the second degree, §
5-14-125
;
(L)
First degree escape, §
5-54-110
;
(M)
Second degree escape, §
5-54-111
;
(N)
Criminal use of prohibited weapons, §
5-73-104
;
(O)
Possession of a handgun on school property, §
5-73-119(b)(1)(A)
;
(P)
Unlawful discharge of a firearm from a vehicle, §
5-74-107
;
(Q)
Any felony involving a firearm;
(R)
Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise, §
5-74-203
; or
(S)
A felony attempt, solicitation, or conspiracy to commit any of the following offenses:
(i)
Capital murder, §
5-10-101
;
(ii)
Murder in the first degree, §
5-10-102
;
(iii)
Murder in the second degree, §
5-10-103
;
(iv)
Kidnapping, §
5-11-102
;
(v)
Aggravated robbery, §
5-12-103
;
(vi)
Battery in the first degree, §
5-13-201
;
(vii)
Rape, §
5-14-103
;
(viii)
First degree escape, §
5-54-110
; and
(ix)
Second degree escape, §
5-54-111
; or
(4)
Juvenile is at least sixteen (16) years of age when he or she engages in conduct that, if committed by an adult, would be a felony.
(b)
The juvenile's attorney may file a motion to request extended juvenile jurisdiction if the state could have filed pursuant to subsection (a) of this section.
Amended by Act 2023, No. 692,§ 1, eff. 8/1/2023.
Acts 1999, No. 1192, § 1; 2003, No. 1809, § 13
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 5 - EXTENDED JUVENILE JURISDICTION (§§ 9-27-501 — 9-27-510) › Section 9-27-503 - Designation hearing

(a)
(1)
When a party requests an extended juvenile jurisdiction designation, the court shall hold a designation hearing within thirty (30) days if the juvenile is detained and no longer than ninety (90) days following the petition or motion requesting such designation.
(2)
These time limitations shall be tolled during the pendency of any competency issues.
(b)
The party requesting the extended juvenile jurisdiction designation has the burden to prove by a preponderance of the evidence that such a designation is warranted.
(c)
The court shall make written findings and consider all of the following factors in making its determination to designate a juvenile as an extended juvenile jurisdiction offender:
(1)
The seriousness of the alleged offense and whether the protection of society requires prosecution as an extended juvenile jurisdiction offender;
(2)
Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;
(3)
Whether the offense was against a person or property, with greater weight being given to offenses against persons, especially if personal injury resulted;
(4)
The culpability of the juvenile, including the level of planning and participation in the alleged offense;
(5)
The previous history of the juvenile, including whether the juvenile had been adjudicated delinquent and, if so, whether the offenses were against persons or property and any other previous history of antisocial behavior or patterns of physical violence;
(6)
The sophistication and maturity of the juvenile, as determined by consideration of the juvenile's home, environment, emotional attitude, pattern of living, or desire to be treated as an adult;
(7)
Whether there are facilities or programs available to the court that are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction;
(8)
Whether the juvenile acted alone or was part of a group in the commission of the alleged offense;
(9)
Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and
(10)
Any other factors deemed relevant by the court.
(d)
Upon finding that the juvenile shall be treated as an extended juvenile jurisdiction offender, the court shall enter its written findings and inform the juvenile of his or her right to a jury trial and shall set a date for the adjudication.
(e)
If the court denies the request for extended juvenile jurisdiction, the court shall enter its written findings and proceed with the case as a delinquency proceeding.
(f)
For purposes of appeal, a designation order is a final appealable order and shall be subject to an interlocutory appeal.
Acts 1999, No. 1192, § 3
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 5 - EXTENDED JUVENILE JURISDICTION (§§ 9-27-501 — 9-27-510) › Section 9-27-504 - Right to counsel

(a)
An extended juvenile jurisdiction offender shall have a right to counsel at every stage of the proceedings, including all reviews.
(b)
This right to counsel cannot be waived.
Acts 1999, No. 1192, § 4
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 5 - EXTENDED JUVENILE JURISDICTION (§§ 9-27-501 — 9-27-510) › Section 9-27-505 - Extended juvenile jurisdiction adjudication

(a)
An extended juvenile jurisdiction offender and the state shall have the right to a jury trial at the adjudication hearing.
(b)
The juvenile shall be advised of the right to a jury trial by the circuit court following a determination that the juvenile will be tried as an extended juvenile jurisdiction offender.
(c)
(1)
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.
(2)
The waiver shall be in writing and signed by the juvenile, the juvenile's attorney, and the juvenile's parent or guardian, and the court shall inquire on the record to ensure that the waiver was made in a knowing, intelligent, and voluntary manner.
(d)
All provisions of the Arkansas Code of 1987 Annotated and the Arkansas Rules of Criminal Procedure not in conflict with this subchapter that regulate criminal jury trials in circuit court shall apply to jury trials for juveniles subject to extended juvenile jurisdiction proceedings.
(e)
The adjudication shall be held within the time prescribed by the speedy trial provisions of Rule 28 of the Arkansas Rules of Criminal Procedure.
(f)
The state bears the burden to prove the charges in the petition beyond a reasonable doubt.
(g)
(1)
If a juvenile is adjudicated delinquent as an extended juvenile jurisdiction offender, the court shall enter a disposition subject to §
9-27-506
.
(2)
If the juvenile is adjudicated delinquent for an offense that would not have subjected him or her to extended juvenile jurisdiction, the court shall enter any of the dispositions available under §
9-27-330
.
Acts 1999, No. 1192, § 5; 2003, No. 1166, § 29
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 5 - EXTENDED JUVENILE JURISDICTION (§§ 9-27-501 — 9-27-510) › Section 9-27-506 - Extended juvenile jurisdiction disposition hearing

If a juvenile is found delinquent as an extended juvenile jurisdiction offender, the circuit court shall enter the following dispositions:
(1)
Order any of the juvenile dispositions authorized by §
9-27-330
; and
(2)
Suspend the imposition of an adult sentence pending court review.
Acts 1999, No. 1192, § 6; 2003, No. 1166, § 30
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 5 - EXTENDED JUVENILE JURISDICTION (§§ 9-27-501 — 9-27-510) › Section 9-27-508 - Extended juvenile jurisdiction records

(a)
Records of juveniles who are designated as extended juvenile jurisdiction offenders shall be kept for ten (10) years after the last adjudication of delinquency, date of plea of guilty or nolo contendere, or finding of guilt as an adult, or until the juvenile's twenty-first birthday, whichever is longer.
(b)
(1)
If an adult sentence is imposed upon an extended juvenile jurisdiction offender, the records of that case shall be considered adult criminal records.
(2)
(A)
The juvenile division of circuit court shall enter an order transferring the juvenile records to the clerk who is the custodian of adult criminal records.
(B)
The clerk shall assign a criminal division of circuit court docket number and shall maintain the file as if the case had originated in the criminal division of circuit court.
Acts 1999, No. 1192, § 8; 2001, No. 1582, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 5 - EXTENDED JUVENILE JURISDICTION (§§ 9-27-501 — 9-27-510) › Section 9-27-509 - Division of Youth Services - Commitment of extended juvenile jurisdiction juveniles

(a)
The court has sole release authority for juveniles in extended juvenile jurisdiction proceedings.
(b)
In every case in which an order of commitment has been entered pursuant to an adjudication of delinquency, the facility to which the juvenile is committed shall, within thirty (30) days of the juvenile's commitment, prepare and file with the court a treatment case plan that shall:
(1)
State the treatment plan for the juvenile; and
(2)
State the anticipated length of commitment of the juvenile.
(c)
(1)
Upon determination that the juvenile has been rehabilitated, the Division of Youth Services may petition the court for release.
(2)
The court shall conduct a hearing and shall consider the following factors in making its determination to release the juvenile from the division:
(A)
The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders;
(B)
The nature of the offense or offenses and the manner in which they were committed;
(C)
The recommendations of the professionals who have worked with the juvenile;
(D)
The protection of public safety; and
(E)
Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation.
(3)
The court shall release the juvenile upon a finding by a preponderance of the evidence that the juvenile's release does not pose a substantial threat to public safety.
Acts 1999, No. 1192, § 9
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 5 - EXTENDED JUVENILE JURISDICTION (§§ 9-27-501 — 9-27-510) › Section 9-27-510 - Division of Correction - Placement

(a)
(1)
A juvenile who has received an adult sentence to the Division of Correction shall not be transported to the Division of Correction until the juvenile is sixteen (16) years of age.
(2)
If a juvenile receives a sentence to the Division of Correction before the juvenile's sixteenth birthday, the juvenile shall be housed by the Division of Youth Services until that date, except as provided by a court order or parole or post-release supervision decision made by the Post-Prison Transfer Board.
(b)
A juvenile sentenced in the criminal division of circuit court who is less than sixteen (16) years of age when sentenced shall be committed to the custody of the Division of Youth Services until his or her sixteenth birthday, at which time he or she shall be transferred to the Division of Correction.
(c)
(1)
(A)
Juveniles sentenced to the Division of Correction pursuant to extended juvenile jurisdiction are subject to parole and post-release supervision as is any other inmate within the Division of Correction.
(B)
Juveniles adjudicated for capital murder, §
5-10-101
, or murder in the first degree, §
5-10-102
, are subject to parole or post-release supervision.
(2)
Juveniles will be given credit for time served in a juvenile detention or juvenile facility against any adult sentence.
Amended by Act 2023, No. 659,§ 53, eff. 1/1/2024.
Amended by Act 2023, No. 659,§ 52, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 691, eff. 7/1/2019.
Acts 1999, No. 1192, § 10; 2001, No. 1582, § 6
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 6 - COMMUNITY MENTAL HEALTH SERVICES FOR JUVENILES (§§ 9-27-601 — 9-27-603) › Section 9-27-601 - Legislative intent

It is the intent of the General Assembly of the State of Arkansas that:
(1)
Juveniles receive mental health services in their communities whenever possible and in the least restrictive placement consistent with the juvenile's treatment needs;
(2)
Juveniles be placed out of state for mental health services only when it is in the juvenile's best interest and there is no appropriate or available treatment in state to meet the needs of the juvenile;
(3)
Circuit courts be provided with qualified mental health screenings to assist courts in ordering appropriate mental health services for juveniles; and
(4)
Juvenile officers, mental health providers, residential providers, the Department of Human Services, Child and Adolescent Service System Program providers, attorneys, courts, and advocates shall work together to ensure the continuity of mental health services for juveniles in their communities.
Acts 2005, No. 1959, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 6 - COMMUNITY MENTAL HEALTH SERVICES FOR JUVENILES (§§ 9-27-601 — 9-27-603) › Section 9-27-602 - Assessment of juvenile mental health services required

(a)
Prior to the circuit court's ordering a juvenile to an out-of-state residential placement, excluding border state placements as defined by Medicaid, the court shall refer a juvenile for an assessment by the Department of Human Services or the department's designee to include, but not be limited to:
(1)
(A)
An assessment of the mental health services for the juvenile and the juvenile's family.
(B)
If the assessment recommends that the juvenile cannot remain at home, all appropriate in-state placements currently available that are appropriate to meet the juvenile's mental health needs shall be presented to the court:
(i)
With a preference for the juvenile to remain as close to his or her home and community as possible so that his or her family can participate in the family treatment plan;
(ii)
That provide for the least restrictive placement ensuring the health and safety of the juvenile;
(iii)
That provide an anticipated length of time needed for residential or inpatient treatment; and
(iv)
That provide a plan for reintegration of the juvenile into his or her community, including coordination with local providers when the juvenile is released from treatment; and
(2)
(A)
The services that could be provided to enable the juvenile to remain safely in his or her home and the availability of such services.
(B)
If the assessment recommends that the juvenile cannot be served in the State of Arkansas, the assessment shall:
(i)
Specify the reasons why the juvenile cannot be served in the state; and
(ii)
Recommend what type of placement the child needs out of state and the reasons for such a recommendation.
(b)
The department or its designee shall complete the out-of-state mental health assessment within five (5) business days of referral from the court.
(c)
The assessment completed by the department or its designee shall be admitted into evidence, and the court shall consider the assessment in making its determination as to what services and placement should be ordered based on the best interest of the juvenile.
(d)
(1)
The court shall make a determination of the ability of the parent, guardian, or custodian of the juvenile to pay in whole or in part for mental health services.
(2)
If the court determines an ability to pay, the court shall enter such an order for payment pursuant to §
9-27-333(e)
.
Acts 2005, No. 1959, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 6 - COMMUNITY MENTAL HEALTH SERVICES FOR JUVENILES (§§ 9-27-601 — 9-27-603) › Section 9-27-603 - Mental health assessment - Requirements

(a)
When a mental health screening or assessment is provided to the juvenile division of a circuit court, the screening or assessment shall include, but not be limited to, the following:
(1)
The mental health services needed for the juvenile and the juvenile's family; and
(2)
The services that could be provided to enable the juvenile to remain safely in his or her home and the availability of such services.
(b)
If the screening or assessment recommends that the juvenile cannot remain safely in his or her home, then the screening or assessment shall state the recommended type of residential treatment or inpatient treatment that is needed for the juvenile that:
(1)
Meets the treatment needs of the juvenile;
(2)
Allows the juvenile to remain as close to his or her home and community as possible so that his or her family can participate in the treatment plan;
(3)
Provides for the least restrictive placement ensuring the health and safety of the juvenile;
(4)
Provides an anticipated length of time needed for residential or inpatient treatment; and
(5)
Provides a plan for the reintegration of the juvenile into his or her community, including coordination with local providers when the juvenile is released from residential or inpatient treatment.
Acts 2005, No. 1959, § 3
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 7 - COMMISSION FOR PARENT COUNSEL (§§ 9-27-701 — 9-27-705) › Section 9-27-701 - Legislative intent

It is the intent of the General Assembly to provide for representation for parents of a minor who is the subject of a dependency-neglect case in the juvenile division of circuit court.
Added by Act 2017, No. 861,§ 6, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 7 - COMMISSION FOR PARENT COUNSEL (§§ 9-27-701 — 9-27-705) › Section 9-27-702 - Definitions

As used in this subchapter, "parent" means the same as under §
9-27-303
, and "parent" also includes a guardian as defined under §
9-27-303
and a custodian as defined under §
9-27-303
.
Added by Act 2017, No. 861,§ 6, eff. 8/1/2017