reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 5 - ARKANSAS CHILD SAFETY CENTER ACT (§§ 9-5-101 — 9-5-115) › Section 9-5-107 - Program requirements

Each child safety center shall:
(1)
Provide a comfortable, private, child-friendly setting that is both physically and psychologically safe for diverse populations of children and their families;
(2)
Be a part of a multidisciplinary team;
(3)
Have a nonprofit entity responsible for program, fiscal operations established, and implement best administrative practices;
(4)
Promote policies, practices, and procedures that are culturally competent;
(5)
Promote forensic interviews that are:
(A)
Legally sound;
(B)
Of a neutral, fact-finding nature; and
(C)
Coordinated to avoid duplicative interviewing;
(6)
Provide or provide access to, or both, specialized medical evaluations and treatment services to all child safety center clients;
(7)
Provide team discussion and information-sharing regarding the investigation, case, and status needed on a routine basis by the child and family; and
(8)
Develop and implement a system for monitoring case progress and tracking case outcomes.
Acts 2007, No. 703, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 5 - ARKANSAS CHILD SAFETY CENTER ACT (§§ 9-5-101 — 9-5-115) › Section 9-5-108 - Access to specialized medical examinations and psychological examinations

(a)
The child safety centers shall provide or provide access to specialized medical examinations and psychological examinations for their clients, to the extent funding is appropriated and available.
(b)
Medical providers operating under this chapter shall be capable of performing:
(A)
A complete medical history;
(B)
An evaluation of a child or an adolescent for evidence of sexual abuse or sexual assault including photo documentation of examination findings for recognition of genital and anal findings that are clearly normal or normal variants and common patterns of healed injuries;
(C)
Collection of forensic evidence;
(D)
Evaluation for sexually transmitted diseases, pregnancy, and other related sexual abuse and assault;
(E)
Performance of tests and treatment as appropriate; and
(F)
Testimony in court as to the findings.
Acts 2007, No. 703, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 5 - ARKANSAS CHILD SAFETY CENTER ACT (§§ 9-5-101 — 9-5-115) › Section 9-5-109 - Eligibility for contracts

(a)
A public entity or a nonprofit entity is eligible for a contract under §
9-5-107
if the entity:
(1)
Has a signed memorandum of understanding as provided by §
9-5-110
;
(2)
Operates under the authority of a governing board;
(3)
Participates on a multidisciplinary team of persons involved in the investigation or prosecution of child abuse cases;
(4)
Has developed a method of statistical information gathering on children receiving services through the child safety center and shares the statistical information with the statewide organization, the Department of Human Services, and the Attorney General upon request;
(5)
Has a volunteer program;
(6)
Employs an executive director who is answerable to the board of directors of the public or nonprofit entity and who is not the exclusive salaried employee of any public agency partner;
(7)
Provides for ongoing training for child safety center staff to provide best practices in forensic interviewing and medical and mental examinations to children who are examined at child safety centers; and
(8)
Operates under a working protocol that includes, at a minimum, a statement of:
(A)
The child safety center's mission;
(B)
Each agency's role and commitment to the child safety center;
(C)
The type of cases to be handled by the child safety center;
(D)
The child safety center's procedures for conducting case reviews and forensic interviews and for ensuring access to specialized medical services and mental health services; and
(E)
The child safety center's policies regarding confidentiality and conflict resolution.
(b)
(1)
The Children's Advocacy Centers of Arkansas may waive the requirements specified in subsection (a) of this section if the Children's Advocacy Centers of Arkansas determines that the waiver will not adversely affect the child safety center's ability to carry out its duties under this chapter.
(2)
Any waiver that is granted under subdivision (b)(1) of this section shall be identified in the written contract with the child safety center.
(c)
Funds shall be withheld from an established child safety center that no longer meets the standards for funding.
Amended by Act 2021, No. 975,§ 6, eff. 7/28/2021.
Acts 2007, No. 703, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 5 - ARKANSAS CHILD SAFETY CENTER ACT (§§ 9-5-101 — 9-5-115) › Section 9-5-110 - Interagency memorandum of understanding

(a)
Before a child safety center may be established under this chapter, a memorandum of understanding regarding the agreement on the levels of participation of each entity shall be executed among:
(1)
The Division of Children and Family Services of the Department of Human Services;
(2)
The Crimes Against Children Division of the Division of Arkansas State Police;
(3)
Representatives of county and municipal law enforcement agencies that investigate child abuse in the area to be served by the child safety center; and
(4)
The prosecuting attorney.
(b)
A memorandum of understanding executed under this section shall include the agreement on the levels of each entity's participation and cooperation in:
(1)
Developing a cooperative, multidisciplinary-team approach to investigations of child abuse;
(2)
Reducing, to the greatest extent possible, the number of interviews required of a victim of child abuse with the goal of minimizing the negative impact of the investigation on the child; and
(3)
Developing, maintaining, and supporting, through the child safety center, an environment that emphasizes the best interests of children and that provides best practices in child abuse investigations.
(c)
A memorandum of understanding executed under this section may include the agreement of one (1) or more participating entities to provide office space and administrative services necessary for the child safety center's operation.
(d)
A memorandum of understanding executed under this section shall include the following provisions that:
(1)
When available and appropriate during the course of a child maltreatment investigation on reports of alleged sexual abuse, and when appropriate, alleged severe physical abuse, the child safety center shall be utilized for forensic interviews and forensic medical examinations and will ensure access for specialized mental health services; and
(2)
The person who conducts the forensic interview shall be:
(A)
Adequately trained in interviewing child victims; and
(B)
Prepared to testify in any administrative or judicial proceeding regarding the forensic interview.
Amended by Act 2013, No. 568,§ 2, eff. 8/16/2013
Acts 2007, No. 703, § 5; 2011, No. 783, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 5 - ARKANSAS CHILD SAFETY CENTER ACT (§§ 9-5-101 — 9-5-115) › Section 9-5-111 - Fiscal requirements

Every child safety center shall:
(1)
Incorporate in this state as a private nonprofit corporation that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986,
26 U.S.C. § 501(c)(3)
, as it existed on January 1, 2007, and that has the primary purpose of providing services to child victims of child abuse;
(2)
Be governed by a board of directors;
(3)
Develop and implement written personnel policies that state the child safety center's employment practices;
(4)
Develop and implement written procedures that conform with the uniform system of recordkeeping developed by the Department of Finance and Administration and the Children's Advocacy Centers of Arkansas to ensure proper handling of funds; and
(5)
Provide the Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee with statistical data that states the following:
(A)
The type of investigative services and the number of children served by each type of investigative service provided by the child safety centers;
(B)
The number, race, age, and gender of the children served each year; and
(C)
The outcomes of services to children provided by the child safety centers, including without limitation:
(i)
The number of founded maltreatment reports; and
(ii)
The number of unfounded maltreatment reports and the ratio between founded and unfounded reports for each year.
Amended by Act 2021, No. 975,§ 7, eff. 7/28/2021.
Acts 2007, No. 703, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 5 - ARKANSAS CHILD SAFETY CENTER ACT (§§ 9-5-101 — 9-5-115) › Section 9-5-112 - Rights and responsibilities

(a)
The Children's Advocacy Centers of Arkansas or its designee may enter the premises of a child safety center at any time to ensure compliance with this chapter and the rules promulgated by the Children's Advocacy Centers of Arkansas under this chapter.
(b)
Each child safety center shall submit annually an audit, a budget, bylaws, and policies to the Board of Directors of the Children's Advocacy Centers of Arkansas.
(c)
The board shall include two (2) financial experts who shall provide financial oversight, review grants, and evaluate each child safety center.
Amended by Act 2021, No. 975,§ 8, eff. 7/28/2021.
Acts 2007, No. 703, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 5 - ARKANSAS CHILD SAFETY CENTER ACT (§§ 9-5-101 — 9-5-115) › Section 9-5-113 - Reports

The Children's Advocacy Centers of Arkansas or its designee shall provide an annual report by March 1 of each year to the Department of Human Services, Division of Arkansas State Police, Chair of the Senate Interim Committee on Children and Youth, and the Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs containing the following information:
(1)
The incidence of child abuse in this state based on information obtained from child safety centers under this chapter;
(2)
A description of child safety centers that meet the requirements of the Department of Finance and Administration and the Children's Advocacy Centers of Arkansas and receive funding from the Department of Finance and Administration;
(3)
The number of children receiving investigative services by the child safety centers that receive funding from the Department of Finance and Administration under this chapter; and
(4)
Outcome data provided by the child safety centers.
Amended by Act 2021, No. 975,§ 9, eff. 7/28/2021.
Acts 2007, No. 703, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 5 - ARKANSAS CHILD SAFETY CENTER ACT (§§ 9-5-101 — 9-5-115) › Section 9-5-114 - Admissibility of statements by an alleged child victim

Nothing in this chapter precludes the admissibility of statements by an alleged child victim outside the scope of the forensic interview conducted at a child safety center, provided that sufficient safeguards are present to satisfy the admissibility requirements set forth in the Arkansas Rules of Evidence, relevant case law, and constitutional requirements.
Acts 2007, No. 703, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 5 - ARKANSAS CHILD SAFETY CENTER ACT (§§ 9-5-101 — 9-5-115) › Section 9-5-115 - Immunity from civil liability

The Arkansas Child Abuse/Rape/Domestic Violence Commission and its employees in their official capacities shall be immune from civil liability for performing their duties under this chapter.
Acts 2007, No. 703, §§ 5, 18
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 6 - ARKANSAS DOMESTIC VIOLENCE SHELTER ACT (§§ 9-6-101 — 9-6-112) › Section 9-6-101 - Title

This chapter shall be known and may be cited as the "Arkansas Domestic Violence Shelter Act".
Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 6 - ARKANSAS DOMESTIC VIOLENCE SHELTER ACT (§§ 9-6-101 — 9-6-112) › Section 9-6-102 - Definitions

As used in this chapter:
(1)
"Advocate" means an employee, supervisor, or administrator of a shelter;
(2)
"Dating relationship" means a romantic or intimate social relationship between two (2) individuals that is not a casual relationship or an ordinary fraternization in a business or social context and that is determined by examining the following factors:
(A)
The length of the relationship;
(B)
The nature of the relationship; and
(C)
The frequency of interaction between the two (2) individuals involved in the relationship;
(3)
"Domestic abuse" means:
(A)
Physical harm, bodily injury, or assault against an individual in a dating relationship by the other individual in the dating relationship or against a member of a family or household by another member of the family or household;
(B)
Mental harm caused by the infliction of fear of imminent physical harm, bodily injury, or assault against an individual in a dating relationship by the other individual in the dating relationship or against a member of a family or household by another member of the family or household; or
(C)
Sexual conduct between family or household members or between individuals in a dating relationship, whether minors or adults, that constitutes a crime under the laws of this state;
(4)
"Family or household member" means a:
(A)
Spouse;
(B)
Former spouse;
(C)
Parent;
(D)
Child;
(E)
Person related to another family or household member by blood;
(F)
Person who cohabits with another family or household member or who cohabited in the past with another family or household member; and
(G)
Person who shares one (1) or more children in common with another person;
(5)
"Shelter" means an entity that:
(A)
Provides services, including food, housing, advice, counseling, and assistance to victims of domestic abuse and their minor dependent children in this state; and
(B)
Meets the program, fiscal, and training requirements of this chapter;
(6)
"Statewide domestic violence entity" means an entity that:
(A)
Provides all the required core and continuing education for statewide domestic violence shelters and programs;
(B)
Is governed by a board of directors that is made up of a majority of publicly funded statewide domestic violence shelter program directors;
(C)
Functions as the clearinghouse of domestic violence statistical data for Arkansas; and
(D)
Exclusively services domestic violence programs; and
(7)
"Volunteer" means a person who donates his or her time to provide services to victims at a shelter.
Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 6 - ARKANSAS DOMESTIC VIOLENCE SHELTER ACT (§§ 9-6-101 — 9-6-112) › Section 9-6-103 - Establishment - Purpose and criteria

(a)
The Department of Finance and Administration shall establish the Arkansas Domestic Violence Shelter Grant Program to assist in the funding of domestic violence shelters in Arkansas.
(b)
The purpose and criteria of the program is to:
(1)
Annually evaluate each shelter receiving funds under this chapter for compliance with the program, fiscal, and training requirements under this chapter;
(2)
Promulgate rules for the evaluation of each shelter receiving funds under this chapter;
(3)
Adopt a uniform system of recordkeeping to ensure the proper handling of funds by a shelter receiving funds under this chapter;
(4)
Provide training and technical assistance to shelters receiving funds under this chapter to ensure minimum standards of service delivery;
(5)
Serve as a clearinghouse for information relating to domestic abuse; and
(6)
Provide educational programs on domestic abuse for the benefit of the general public, victims, specific groups of persons, and other persons as needed.
(c)
The department shall establish rules to implement this chapter.
Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 6 - ARKANSAS DOMESTIC VIOLENCE SHELTER ACT (§§ 9-6-101 — 9-6-112) › Section 9-6-104 - Receipt of money

Except to the extent that moneys are available in the Domestic Violence Shelter Fund, a statewide domestic violence entity that receives a grant under this chapter shall not accept money or other assistance from the United States Government or any other entity or person if the acceptance would obligate the State of Arkansas.
Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 6 - ARKANSAS DOMESTIC VIOLENCE SHELTER ACT (§§ 9-6-101 — 9-6-112) › Section 9-6-105 - Determination of grant awards

(a)
The Department of Finance and Administration shall:
(1)
Establish the criteria for grant applications and awards in accordance with §
9-6-103(b)
;
(2)
Review and grant or deny all or part of a grant application submitted under this chapter in accordance with §
9-6-103(b)
; and
(3)
Retain oversight of all grant expenditures under this chapter.
(b)
A statewide domestic violence entity that is awarded a grant under this chapter shall use the moneys that the statewide domestic violence entity receives to distribute funds to shelters that meet the requirements of this chapter.
Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 6 - ARKANSAS DOMESTIC VIOLENCE SHELTER ACT (§§ 9-6-101 — 9-6-112) › Section 9-6-106 - Operational requirements of shelters receiving domestic violence shelter funds

A statewide domestic violence entity that receives a grant under this chapter shall distribute funds to a shelter if the shelter:
(1)
Develops and implements a written nondiscrimination policy to provide services without regard to race, religion, color, age, marital status, national origin, ancestry, or sexual orientation;
(2)
Provides a facility that is open, accessible, and staffed by an advocate or a volunteer each day of the calendar year and twenty-four (24) hours each day;
(3)
Provides emergency housing and related supportive services in a safe and protective environment for victims of domestic abuse and their children;
(4)
(A)
Provides a crisis telephone hotline that is answered by an advocate or a volunteer who meets the training requirements under this chapter each day of the calendar year and twenty-four (24) hours each day.
(B)
The crisis telephone hotline required under subdivision (4)(A) of this section shall not be answered by an answering machine, answering service, or mobile telephone voicemail;
(5)
(A)
Requires all advocates and volunteers who provide direct services to victims to sign a written confidentiality agreement that prohibits the release of:
(i)
The name or other personal and identifying information about a victim served at the shelter; and
(ii)
The name or other personal and identifying information about a family or household member of a victim served at the shelter.
(B)
The confidentiality agreement required under subdivision (5)(A) of this section does not:
(i)
Apply to an advocate who testifies in court under a lawfully issued witness subpoena; or
(ii)
Prevent disclosure for federal grant review, audit, or reporting;
(6)
Develops and implements a written plan for outreach efforts to aid victims of domestic violence;
(7)
Provides peer support groups for victims;
(8)
Provides assistance and court advocacy for victims seeking orders of protection; and
(9)
Provides training and educational information on domestic violence for professionals, community organizations, and interested individuals.
Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 6 - ARKANSAS DOMESTIC VIOLENCE SHELTER ACT (§§ 9-6-101 — 9-6-112) › Section 9-6-107 - Fiscal requirements

A statewide domestic violence entity that receives a grant under this chapter shall distribute funds to a shelter if the shelter:
(1)
Incorporates in this state as a private nonprofit corporation that is exempt from taxation under the Internal Revenue Code,
26 U.S.C. § 501(c)(3)
, and that has the primary purpose of providing services to victims of domestic abuse or domestic violence;
(2)
Is governed by a board of directors;
(3)
Develops and implements written personnel policies that state the shelter's employment practices;
(4)
Develops and implements written procedures that conform with the uniform system of recordkeeping developed by the Department of Finance and Administration or its designee to ensure proper handling of funds; and
(5)
Provides the department or its designee with statistical data that states the following:
(A)
The type of services provided by the shelter; and
(B)
The number of victims and children served each year.
Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 6 - ARKANSAS DOMESTIC VIOLENCE SHELTER ACT (§§ 9-6-101 — 9-6-112) › Section 9-6-108 - Training requirements

A statewide domestic violence entity that receives a grant under this chapter shall distribute funds to a shelter if the shelter:
(1)
(A)
Requires each member of its board of directors to attend an orientation that is administered by a statewide domestic violence entity and approved by the Department of Finance and Administration or its designee within six (6) months after joining the board of directors.
(B)
The orientation required under subdivision (1)(A) of this section shall include an explanation of the dynamics of domestic violence and the role of a board member;
(2)
(A)
Requires each advocate and volunteer who provides direct services to victims to attend fifteen (15) hours of initial staff training approved by the department or its designee.
(B)
The initial staff training required under subdivision (2)(A) of this section shall include without limitation the following topics of instruction:
(i)
Crisis intervention;
(ii)
Case management;
(iii)
Safety planning;
(iv)
Individual or group facilitation; and
(v)
Proper procedure for answering the crisis telephone hotline; and
(3)
(A)
Requires each advocate who provides direct services to victims to attend ten (10) hours of continuing education annually that is approved by the department or its designee.
(B)
The continuing education required under subdivision (3)(A) of this section shall include without limitation the following topics of instruction:
(i)
Crisis intervention;
(ii)
Case management;
(iii)
Safety planning;
(iv)
Individual or group facilitation; and
(v)
The proper procedure for answering the crisis telephone hotline.
Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 6 - ARKANSAS DOMESTIC VIOLENCE SHELTER ACT (§§ 9-6-101 — 9-6-112) › Section 9-6-109 - Right of entry

A statewide domestic violence entity that receives a grant under this chapter shall have the right to enter and inspect the premises of a shelter receiving funds under this chapter and perform an annual evaluation or otherwise determine compliance with this chapter.
Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 6 - ARKANSAS DOMESTIC VIOLENCE SHELTER ACT (§§ 9-6-101 — 9-6-112) › Section 9-6-110 - Reports

The Secretary of the Department of Finance and Administration or his or her designee shall provide an annual report by October 1 of each year to the Chair of the Senate Interim Committee on Children and Youth and the Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs containing the following information:
(1)
The incidence of domestic violence in this state based on information obtained from shelters that receive funds under this chapter;
(2)
A description of shelters that meet the requirements of and receive funds under this chapter; and
(3)
The number of persons assisted by the shelters that receive funds under this chapter.
Amended by Act 2019, No. 910,§ 3371, eff. 7/1/2019.
Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 1 - GENERAL PROVISIONS (§§ 9-2-101 — 9-6-112) › Chapter 6 - ARKANSAS DOMESTIC VIOLENCE SHELTER ACT (§§ 9-6-101 — 9-6-112) › Section 9-6-111 - Disclosure of information

Information from files, reports, evaluations, inspections, or other sources that is received by the Department of Finance and Administration and its employees and designees or by a statewide domestic violence entity that receives funds under this chapter and its employees and designees is confidential and shall not be disclosed publicly in a manner that identifies an individual or facility.
Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 8 - GENERAL PROVISIONS (§§ 9-8-101 — 9-8-306) › Subchapter 1 - COURT-ORDERED INVESTIGATIONS OR STUDIES (§§ 9-8-101 — 9-8-102) › Section 9-8-101 - Definitions

As used in this subchapter:
(1)
"Child" means a person under eighteen (18) years of age;
(2)
"Division" means the Division of Children and Family Services of the Department of Human Services;
(3)
"Investigation" means the process of obtaining a home study, home report, home assessment, home evaluation, or marital study;
(4)
"Licensed social worker" means a social worker authorized to perform home studies or supervised visits under the Social Work Licensing Act, §
17-103-101
et seq.;
(5)
"Rules" means rules promulgated by the division for the purpose of implementing this subchapter pursuant to the Arkansas Administrative Procedure Act, §
25-15-201
et seq.;
(6)
"Study" means home study, home report, home assessment, home evaluation, or marital study; and
(7)
"Supervision" means periodic visitation to the home or school or other places for monitoring or observation to determine a child's situation or condition or to regulate or facilitate visitation and may include court appearances to provide testimony on the visitation.
Amended by Act 2019, No. 315,§ 703, eff. 7/24/2019.
Acts 1991, No. 1081, § 1; 2001, No. 1420, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 8 - GENERAL PROVISIONS (§§ 9-8-101 — 9-8-306) › Subchapter 1 - COURT-ORDERED INVESTIGATIONS OR STUDIES (§§ 9-8-101 — 9-8-102) › Section 9-8-102 - Investigation, study, or supervision involving children - Court order - Fee

(a)
(1)
If a court of the State of Arkansas requests or orders a licensed social worker of the court's choice to perform any investigation, study, or supervision involving the custody, placement, adoption, or other pertinent matter with regard to a child or children, the licensed social worker selected by the court may charge a fee that shall not exceed the fair market value of the investigation, study, or supervision.
(2)
(A)
The Division of Children and Family Services of the Department of Human Services shall not be ordered by any court, except the juvenile division of circuit court, to conduct an investigation, study, or supervision unless the court has first determined the responsible party to be indigent.
(B)
The investigation, study, or supervision is to take place within the State of Arkansas.
(b)
When the court requests or orders a licensed social worker to perform an investigation, study, or supervision, the court shall specify the party or parties responsible for payment of the fee and may grant a reasonable period of time for payment.
(c)
If payment is not made within the established time frame as set forth in the court order or as prescribed by rules, the obligation shall be considered a delinquent debt, as defined by rule, and the licensed social worker may recover the fee as provided by law for the recovery of a debt.
Amended by Act 2019, No. 315,§ 704, eff. 7/24/2019.
Acts 1991, No. 1081, § 2; 1995, No. 1283, § 1; 2001, No. 1420, § 2; 2003, No. 338, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 8 - GENERAL PROVISIONS (§§ 9-8-101 — 9-8-306) › Subchapter 2 - ARKANSAS SUBSIDIZED GUARDIANSHIP ACT (§§ 9-8-201 — 9-8-207) › Section 9-8-201 - Title - Purpose

(a)
This subchapter shall be known and may be cited as the "Arkansas Subsidized Guardianship Act".
(b)
The purpose of this subchapter is to create the framework for subsidized guardianships in the event that funding becomes available for such a program.
Acts 2007, No. 621, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 8 - GENERAL PROVISIONS (§§ 9-8-101 — 9-8-306) › Subchapter 2 - ARKANSAS SUBSIDIZED GUARDIANSHIP ACT (§§ 9-8-201 — 9-8-207) › Section 9-8-202 - Administration, funding, and limitations

(a)
Contingent upon adequate funding, appropriation, and position authorization, both programmatic and administrative, the Department of Human Services shall establish and administer a program of subsidized guardianship.
(b)
Guardianship subsidies and services for children under this program shall be provided out of funds appropriated to the department or made available to it from other sources and shall be subject to any restrictions as outlined in the funds appropriated or made available to the department.
Acts 2007, No. 621, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 8 - GENERAL PROVISIONS (§§ 9-8-101 — 9-8-306) › Subchapter 2 - ARKANSAS SUBSIDIZED GUARDIANSHIP ACT (§§ 9-8-201 — 9-8-207) › Section 9-8-203 - Promulgation of rules

(a)
The Department of Human Services shall promulgate rules to implement this program.
(b)
The department shall promulgate rules that include eligibility requirements in accordance with any requirements from the funding stream.
Amended by Act 2019, No. 315,§ 705, eff. 7/24/2019.
Acts 2007, No. 621, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 8 - GENERAL PROVISIONS (§§ 9-8-101 — 9-8-306) › Subchapter 2 - ARKANSAS SUBSIDIZED GUARDIANSHIP ACT (§§ 9-8-201 — 9-8-207) › Section 9-8-205 - Guardianship subsidy agreement

(a)
A written guardianship subsidy agreement must be entered before the guardianship is established.
(b)
The guardianship subsidy agreement shall become effective upon entry of the order granting guardianship.
(c)
No guardianship subsidy may be made for any child who has attained eighteen (18) years of age unless permitted by the funding stream.
Amended by Act 2013, No. 577,§ 1, eff. 8/16/2013
Acts 2007, No. 621, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 8 - GENERAL PROVISIONS (§§ 9-8-101 — 9-8-306) › Subchapter 2 - ARKANSAS SUBSIDIZED GUARDIANSHIP ACT (§§ 9-8-201 — 9-8-207) › Section 9-8-206 - Subsidy amount

(a)
The amount of the guardianship subsidy shall be determined through agreement between the guardian and the Department of Human Services but cannot exceed the current foster care board rate.
(b)
The amount of the guardianship subsidy shall be based on consideration of the circumstances and needs of the guardian and the child as well as the availability of other resources to meet the child's needs.
Acts 2007, No. 621, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 8 - GENERAL PROVISIONS (§§ 9-8-101 — 9-8-306) › Subchapter 2 - ARKANSAS SUBSIDIZED GUARDIANSHIP ACT (§§ 9-8-201 — 9-8-207) › Section 9-8-207 - Records confidential

(a)
All subsidized guardianship records personally identifying a juvenile shall be confidential and shall not be released or otherwise made available except to the following persons or entities and to the extent permitted by federal law:
(1)
The guardian;
(2)
The attorney for the guardian;
(3)
The child;
(4)
The attorney ad litem for the child;
(5)
For purposes of review or audit by the appropriate federal or state agency;
(6)
A grand jury or court upon a finding that information in the record is necessary for the determination of an issue before the grand jury or court;
(7)
(A)
Individual federal and state representatives and senators in their official capacity and their staff members with no redisclosure of information.
(B)
No disclosure of any information that identifies by name or address any recipient of a subsidy or service shall be made to any committee or legislative body; and
(8)
The administration of any federal program or federally assisted program that provides assistance, in cash or in kind, or services directly to individuals on the basis of need.
(b)
(1)
Any person or agency to whom disclosure is made shall not disclose to any other person any personally identifying information obtained pursuant to this section.
(2)
Nothing in this subsection shall prevent subsequent disclosure by the guardian or the child.
(3)
Any person disclosing information in violation of this subsection shall be guilty of a Class C misdemeanor.
Acts 2007, No. 621, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 8 - GENERAL PROVISIONS (§§ 9-8-101 — 9-8-306) › Subchapter 3 - [Repealed] (§§ 9-8-301 — 9-8-306) › Section 9-8-301 - [Repealed]

Repealed by Act 2013, No. 1152,§ 3, eff. 8/16/2013
Init. Meas. 2008, No. 1, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 8 - GENERAL PROVISIONS (§§ 9-8-101 — 9-8-306) › Subchapter 3 - [Repealed] (§§ 9-8-301 — 9-8-306) › Section 9-8-302 - [Repealed]

Repealed by Act 2013, No. 1152,§ 3, eff. 8/16/2013
Init. Meas. 2008, No. 1, § 4
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 8 - GENERAL PROVISIONS (§§ 9-8-101 — 9-8-306) › Subchapter 3 - [Repealed] (§§ 9-8-301 — 9-8-306) › Section 9-8-303 - [Repealed]

Repealed by Act 2013, No. 1152,§ 3, eff. 8/16/2013
Init. Meas. 2008, No. 1, § 3
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 8 - GENERAL PROVISIONS (§§ 9-8-101 — 9-8-306) › Subchapter 3 - [Repealed] (§§ 9-8-301 — 9-8-306) › Section 9-8-304 - [Repealed]

Repealed by Act 2013, No. 1152,§ 3, eff. 8/16/2013
Init. Meas. 2008, No. 1, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 8 - GENERAL PROVISIONS (§§ 9-8-101 — 9-8-306) › Subchapter 3 - [Repealed] (§§ 9-8-301 — 9-8-306) › Section 9-8-305 - [Repealed]

Repealed by Act 2013, No. 1152,§ 3, eff. 8/16/2013
Init. Meas. 2008, No 1, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 8 - GENERAL PROVISIONS (§§ 9-8-101 — 9-8-306) › Subchapter 3 - [Repealed] (§§ 9-8-301 — 9-8-306) › Section 9-8-306 - [Repealed]

Repealed by Act 2013, No. 1152,§ 3, eff. 8/16/2013
Init. Meas. 2008, No. 1, § 6
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-105) › Section 9-9-101 - Surrender of custody of minor by hospital or birthing center

(a)
After a consent to adoption under §
9-9-208
or a relinquishment of parental rights under §
9-9-220
is executed with regard to a minor in the physical custody of a hospital or birthing center within the State of Arkansas, the biological mother of a minor child may authorize the release of the child from the hospital or birthing center to the petitioner for adoption, the guardian of the minor child, the child placement agency licensed under the Child Welfare Agency Licensing Act, §
9-28-401
et seq., the Division of Children and Family Services of the Department of Human Services, or the attorney acting on behalf of any of the foregoing entities.
(b)
(1)
A hospital or birthing center release form under this section must:
(A)
Be executed in writing;
(B)
Be witnessed by two (2) credible adults;
(C)
Authorize the petitioner for adoption, the guardian of the minor child, the licensed child placement agency, the division, or the attorney acting on the behalf of any of the foregoing entities to obtain any medical treatment, including circumcision of a male child, reasonably necessary for the care of the minor and to authorize any physician or medical services provider to furnish additional services deemed reasonable and necessary; and
(D)
Be verified before a person authorized to take oaths.
(2)
If a hospital or birthing center surrenders custody of a minor child to the petitioner for adoption, the guardian of the minor child, a licensed child placement agency, the division, or the attorney acting on behalf of any of the foregoing entities, the hospital or birthing center releasing the minor shall not be liable to any person because of its acts if the hospital or birthing center has complied with this section.
(c)
(1)
A hospital or birthing center shall comply with the terms of a release executed under this section without requiring a court order.
(2)
Once the hospital or birthing center release form described in subsection (b) of this section is presented to the hospital or birthing center, the hospital or birthing center shall discharge the minor child to the petitioner for adoption, the guardian of the minor child, a licensed child placement agency, the division, or the attorney acting on the behalf of any of the foregoing entities after the hospital or birthing center is presented photo identification of the receiving party.
Acts 1971, No. 169, § 1; A.S.A. 1947, § 56-125; Acts 1987, No. 1060, § 8; 2001, No. 1737, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-105) › Section 9-9-102 - Preference to relative caregivers for a child in foster care - Religious preference - Removal of barriers to inter-ethnic adoption

(a)
In all custodial placements by the Department of Human Services in foster care or adoption, the court shall give preferential consideration to an adult relative over a nonrelated caregiver, provided that the relative caregiver meets all relevant child protection standards and it is in the best interest of the child to be placed with the relative caregiver.
(b)
If the genetic parent or parents of the child express a preference for placing the child in a foster home or an adoptive home of the same or a similar religious background to that of the genetic parent or parents, the court shall place the child with a family that meets the genetic parent's religious preference, or if a family is not available, to a family of a different religious background that is knowledgeable and appreciative of the child's religious background.
(c)
The court shall not deny a petition for adoption on the basis of race, color, or national origin of the adoptive parent or the child involved.
Acts 1987, No. 857, § 1; 1995, No. 956, § 1; 1997, No. 216, § 1; 2011, No. 591, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-105) › Section 9-9-103 - Adoption home studies affidavit

(a)
Upon the request of any interested party, agency, or the court, the petitioner in any adoption proceeding shall file with the court an affidavit stating the number of adoption home studies conducted on the petitioner's home prior to the filing of the petition.
(b)
A copy of each adoption home study performed shall be attached to the affidavit.
Acts 1993, No. 598, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-105) › Section 9-9-104 - Adoption information collection

(a)
The General Assembly finds that:
(1)
There is a need for more information on adoptions that occur in Arkansas;
(2)
No governmental agency has the responsibility for gathering information on Arkansas adoptions; and
(3)
Without adequate data, the General Assembly cannot make informed decisions regarding changes that may need to be made to adoption laws.
(b)
The Office of Chief Counsel of the Department of Human Services shall prepare an adoption information sheet and shall distribute the information sheet to each of the circuit clerks in the state for distribution to each petitioner seeking to file an adoption pleading in the state.
(c)
Before the entry of an interlocutory or final decree of adoption, the petitioner shall complete the adoption information sheet and return it to the clerk.
(d)
The clerk shall mail the completed form to the Office of Chief Counsel of the Department of Human Services.
(e)
The adoption information sheet shall include without limitation:
(1)
The age of the minor to be adopted;
(2)
The state in which the minor was born;
(3)
The state in which the minor resided before the adoption;
(4)
The state of residence of the birth mother;
(5)
The age of each adoptive parent;
(6)
The state in which each adoptive parent resides;
(7)
Whether the adoption placement was made by a licensed Arkansas adoption agency and, if so, the name of the agency;
(8)
Whether the adoption placement was made by:
(A)
A private physician;
(B)
A private attorney; or
(C)
An out-of-state entity or individual;
(9)
Whether the adoptive parents are married or single;
(10)
Whether the adoptive parent is a stepparent or second-parent adoptive parent;
(11)
Whether the adoptive parent is a family member of the minor child; and
(12)
An approximate amount for costs paid by the petitioner in the adoption.
(f)
Personally identifiable information regarding the child to be adopted or regarding an adoptive parent shall not be requested or gathered on the adoption information sheet.
Acts 2009, No. 1399, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-105) › Section 9-9-105 - Employee leave for adoption - Definition

(a)
As used in this section, "employer" means public and private employers, including state departments, agencies, and political subdivisions.
(b)
(1)
An employer that permits paternity leave or maternity leave for a biological parent after the birth of a child shall permit paternity or maternity leave for an adoptive parent upon placement of an adoptive child in the adoptive parent's home if requested by the adoptive parent.
(2)
If the employer has established a policy that provides leave time for a biological parent after the birth of a child, the same policy shall apply to an adoptive parent upon placement of an adoptive child in the adoptive parent's home.
(3)
A request for additional leave due to the placement and adoption of an ill child or a child with a disability shall be considered by the employer on the same basis as comparable cases of complications accompanying the birth of a child to an employee or employee's spouse.
(c)
Any other benefit provided by an employer, such as job guarantee or pay guarantee, shall be available to both biological parents and adoptive parents equally.
(d)
An employer shall not penalize an employee for exercising his or her rights under this section.
(e)
This section does not apply to an adoption:
(1)
By the spouse of a custodial parent;
(2)
Of a person over eighteen (18) years of age; or
(3)
Of a foster child by the child's foster parents.
Acts 2011, No. 1235, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-201 - Short title

This subchapter may be cited as the "Revised Uniform Adoption Act".
Acts 1977, No. 735, § 1; A.S.A. 1947, § 56-201