reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 19 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 9-19-101 — 9-19-402) › Subchapter 3 - ENFORCEMENT (§§ 9-19-301 — 9-19-317) › Section 9-19-315 - Role of prosecutor or public official

(a)
In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecuting attorney may take any lawful action, including resort to a proceeding under this subchapter or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child-custody determination if there is:
(1)
an existing child-custody determination;
(2)
a request to do so from a court in a pending child-custody proceeding;
(3)
a reasonable belief that a criminal statute has been violated; or
(4)
a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(b)
A prosecuting attorney acting under this section acts on behalf of the court and may not represent any party.
Acts 1999, No. 668, § 315
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 19 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 9-19-101 — 9-19-402) › Subchapter 3 - ENFORCEMENT (§§ 9-19-301 — 9-19-317) › Section 9-19-316 - Role of law enforcement

At the request of a prosecuting attorney acting under §
9-19-315
, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecuting attorney with responsibilities under §
9-19-315
.
Acts 1999, No. 668, § 316
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 19 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 9-19-101 — 9-19-402) › Subchapter 3 - ENFORCEMENT (§§ 9-19-301 — 9-19-317) › Section 9-19-317 - Costs and expenses

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecuting attorney and law enforcement officers under §
9-19-315
or §
9-19-316
.
Acts 1999, No. 668, § 317
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 19 - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 9-19-101 — 9-19-402) › Subchapter 4 - MISCELLANEOUS PROVISIONS (§§ 9-19-401 — 9-19-402) › Section 9-19-401 - Application and construction

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Acts 1999, No. 668, § 401
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-101 - Title

This chapter shall be known and may be cited as the "Adult Maltreatment Custody Act".
Acts 2005, No. 1811, § 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 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-102 - Purpose

The purposes of this chapter are to:
(1)
Protect a maltreated adult or long-term care facility resident who is in imminent danger; and
(2)
Encourage the cooperation of state agencies and private providers in the service delivery system for maltreated adults.
Acts 2005, No. 1811, § 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 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-104 - Spiritual treatment alone not abusive

Nothing in this chapter implies that an endangered adult or impaired adult who is being furnished with treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner thereof is for this reason alone an endangered adult or an impaired adult.
Acts 2005, No. 1811, § 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 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-105 - Privilege not grounds for exclusion of evidence

Any privilege between husband and wife or between any professional persons, except lawyer and client, including, but not limited to, physicians, members of the clergy, counselors, hospitals, clinics, rest homes, nursing homes, and their clients, shall not constitute grounds for excluding evidence at any proceedings regarding an endangered adult or an impaired adult, or the cause of the proceeding.
Acts 2005, No. 1811, § 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 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-106 - Immunity for investigation participants

Any person, official, or institution participating in good faith in the removal of a maltreated adult pursuant to this chapter shall have immunity from liability and suit for damages, civil or criminal, that otherwise might result by reason of such actions.
Acts 2005, No. 1811, § 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 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-107 - Reports as evidence

(a)
A written report from persons or officials required to report under the Adult and Long-Term Care Facility Resident Maltreatment Act, §
12-12-1701
et seq., shall be admissible in evidence in any proceeding relating to adult maltreatment or long-term care facility resident maltreatment.
(b)
The affidavit of a physician, psychiatrist, psychologist, or licensed certified social worker shall be admissible in evidence in any proceeding relating to adult maltreatment or long-term care facility resident maltreatment.
(c)
(1)
The court may seal any records or parts of records containing protected health information as defined by the Health Insurance Portability and Accountability Act of 1996.
(2)
If a court seals any records or parts of records under subdivision (c)(1) of this section, the sealed records or parts of records become confidential and shall not be released to nonparties without a written order of the court.
Acts 2005, No. 1811, § 1; 2009, No. 526, § 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 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-109 - Commencement of proceedings

(a)
Proceedings shall be commenced by filing a petition with the clerk of the probate division of circuit court.
(b)
Only the Department of Human Services may file a petition seeking ex parte emergency relief.
(c)
No fees may be charged or collected by the clerk in cases brought by the department, including, but not limited to:
(1)
Fees for filing;
(2)
Summons; or
(3)
Subpoenas.
(d)
The court shall immediately appoint the Arkansas Public Defender Commission to represent the maltreated adult if:
(1)
There is reasonable cause to believe the maltreated adult is indigent; or
(2)
The maltreated adult's liberty interest is in jeopardy and the financial condition of the maltreated adult is undetermined.
Acts 2005, No. 1811, § 1; 2009, No. 526, § 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 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-110 - Petition

A petition shall set forth the following:
(1)
The name, address, and if known, the date of birth of the maltreated adult who shall be designated as the respondent;
(2)
The maltreated adult's current location;
(3)
The name and address of the maltreated adult's closest adult relative, if known;
(4)
(A)
The facts intended to prove the person to be maltreated.
(B)
The facts may be set out in an affidavit attached to the petition and incorporated into the petition; and
(5)
The relief requested by the petitioner.
Acts 2005, No. 1811, § 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 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-111 - Notification

(a)
All maltreated adults named as the respondent shall be served with a copy of the petition under the Arkansas Rules of Civil Procedure.
(b)
The Department of Human Services shall provide immediate notice of the date, time, and location of the probable cause hearing to:
(1)
The respondent;
(2)
The person from whom physical custody of the respondent was removed; and
(3)
Counsel for the respondent.
(c)
The pleadings served on the respondent shall include a statement of the right to:
(1)
(A)
Have an attorney represent him or her in this matter.
(B)
If the respondent desires an attorney to represent him or her but the respondent cannot afford to hire an attorney, an attorney will be appointed to represent the respondent by the court at no cost to the respondent;
(2)
Be present at the hearing;
(3)
Present evidence on the respondent's own behalf;
(4)
Cross-examine witnesses who testify against him or her;
(5)
Present witnesses in the respondent's own behalf;
(6)
Remain silent; and
(7)
View and copy all petitions, reports, and documents retained in the court file.
(d)
Notice of the long-term custody hearing shall be given to:
(1)
The legal counsel of the respondent;
(2)
The next of kin of the respondent whose names and addresses are known to the petitioner;
(3)
The person having physical custody of the respondent;
(4)
Any person named in the petition; and
(5)
Any other persons or entities that the court may require.
Acts 2005, No. 1811, § 1; 2009, No. 526, § 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 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-112 - Voluntary protective placement

(a)
Any adult may request voluntary protective placement under this chapter.
(b)
No civil rights are relinquished as a result of voluntary protective placement.
(c)
Procedures for hearings under this chapter shall be followed with regard to voluntary protective placement.
Acts 2005, No. 1811, § 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 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-113 - Evaluations

(a)
The Department of Human Services may petition the circuit court for an order of temporary custody for the purpose of having an adult evaluated if during the course of an investigation under the Adult and Long-Term Care Facility Resident Maltreatment Act, §
12-12-1701
et seq., the department determines that:
(1)
Immediate removal is necessary to protect the adult from imminent danger to his or her health or safety;
(2)
Available protective services have been offered to alleviate the danger and have been refused; and
(3)
An adequate assessment of the following cannot be made in the adult's place of residence:
(A)
The adult's capacity to comprehend the nature and consequences of remaining in the situation or condition; or
(B)
The adult's mental or physical impairment and ability to protect himself or herself from adult maltreatment.
(b)
Upon good cause being shown, the court may issue an order for temporary custody for the purpose of having the adult evaluated.
Acts 2005, No. 1811, § 1; 2007, No. 497, § 2; 2011, No. 793, § 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 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-114 - Emergency custody

(a)
The Department of Human Services or a law enforcement official may take a maltreated adult into emergency custody, or any person in charge of a hospital or similar institution or any physician treating any maltreated adult may keep the maltreated adult in custody, whether or not medical treatment is required, if the circumstances or condition of the maltreated adult are such that returning to or continuing at the maltreated adult's place of residence or in the care or custody of a parent, guardian, or other person responsible for the maltreated adult's care presents imminent danger to the maltreated adult's health or safety, and the maltreated adult either:
(1)
Lacks the capacity to comprehend the nature and consequences of remaining in a situation that presents imminent danger to his or her health or safety; or
(2)
Has a mental impairment or a physical impairment that prevents the maltreated adult from protecting himself or herself from imminent danger to his or her health or safety.
(b)
Emergency custody shall not exceed seventy-two (72) hours unless the expiration of seventy-two (72) hours falls on a weekend or holiday, in which case emergency custody shall be extended through the next business day following the weekend or holiday.
(c)
A person who takes a maltreated adult into emergency custody shall notify the department immediately upon taking the adult into emergency custody.
(d)
The department may release custody of an adult within the seventy-two (72) hours if the adult is no longer in circumstances or conditions that present imminent danger to the adult's health or safety.
(e)
(1)
If emergency custody is exercised under this section, the person exercising the custody or an authorized employee of the department may consent to having the maltreated adult transported by a law enforcement officer or by an emergency medical services provider if medically appropriate, even if the adult objects.
(2)
No court order shall be required for transport by law enforcement or an emergency medical services provider.
(3)
A law enforcement officer, an emergency medical services provider, and the employees of an emergency medical services provider are immune from criminal and civil liability for injury, death, or loss that allegedly arises from good faith action taken in accordance with this subsection.
(4)
There is a presumption of good faith on the part of a law enforcement officer, an emergency medical services provider, and the employees of an emergency medical services provider that act in accordance with subdivisions (e)(1) and (2) of this section.
Amended by Act 2017, No. 579,§ 2, eff. 8/1/2017
Acts 2005, No. 1811, § 1; 2007, No. 283, § 2; 2007, No. 497, § 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 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-115 - Emergency orders

(a)
(1)
If there is probable cause to believe that immediate emergency custody is necessary to protect a maltreated adult, the probate division of circuit court shall issue an ex parte order for emergency custody to protect the maltreated adult.
(2)
If there is probable cause to believe that immediate emergency action is necessary to protect an endangered or impaired adult from adult maltreatment, the probate division of circuit court may issue an ex parte less-than-custody order to protect the adult in lieu of an ex parte order for emergency custody.
(b)
The Department of Human Services shall obtain an emergency ex parte order of custody on a maltreated adult within seventy-two (72) hours of taking the maltreated adult into emergency custody unless the expiration of the seventy-two (72) hours falls on a weekend or holiday, in which case emergency custody may be extended through the next business day following the weekend or holiday.
(c)
The emergency order shall include notice to the maltreated adult and the person from whom physical custody of the respondent was removed of the right to a hearing and that a hearing will be held within five (5) business days of the issuance of the ex parte order.
Amended by Act 2013, No. 583,§ 2, eff. 8/16/2013
Acts 2005, No. 1811, § 1; 2011, No. 206, § 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 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-118 - Review hearings

(a)
The Department of Human Services shall periodically review the case of an adult in the custody of the department, but not less often than one (1) time every six (6) months.
(b)
The circuit court shall review the case of an adult in the custody of the department, either formally or informally as determined by the court, at least one (1) time every twelve (12) months.
(c)
Notice for review hearings shall be by regular mail to the attorney for the respondent and to the administrator of the facility in which the respondent is placed.
(d)
(1)
Upon presentation of a statement under oath by a medical doctor that attendance at the hearing is not in the best interest of the adult based on the adult's mental incapacity or physical health, the court shall waive the presence of the adult at a review hearing unless there is a showing by the adult's attorney that the adult's attendance at the court hearing is necessary.
(2)
If it is not in the adult's best interest to appear at court under subdivision (d)(1) of this section, the adult may submit a written statement or an audio or video statement for consideration by the court.
Acts 2005, No. 1811, § 1; 2009, No. 526, § 7
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-119 - Assets of a maltreated adult

(a)
(1)
The probate division of circuit court may enter orders as needed to identify, secure, and protect the assets of any adult in the custody of the Department of Human Services or any maltreated adult receiving court-ordered protective services from the department.
(2)
If the court orders the adult placed in the custody of the department, the court shall address the issue of the adult's residence, whether rented or owned by the adult, including the cleaning, vacating, selling, or leasing of the residence, and the disposition of the property in the residence.
(3)
After review of the assets, the court may order the sale of any assets if it is in the best interest of the adult.
(b)
The court may also direct payment from the assets of the adult in department custody or receiving protective services from the department for services rendered or goods purchased by or for the adult in the custody of the department or receiving services from the department.
(c)
(1)
The court may appoint the department only as custodian of the adult and not as guardian of the person or of the estate of the adult, except to appoint a public guardian under §
28-65-701
et seq.
(2)
The court has jurisdiction in this matter to hear and grant a petition for guardianship of the estate of an adult in the custody of the department.
Acts 2005, No. 1811, § 1; 2009, No. 526, § 8; 2011, No. 206, § 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 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-120 - Duties and responsibilities of custodian

(a)
(1)
If the probate division of circuit court appoints the Department of Human Services as the legal custodian of a maltreated adult, the department shall:
(A)
Secure care and maintenance for the person;
(B)
Honor any advance directives, such as living wills, if the legal documents were executed in conformity with applicable laws; and
(C)
Find a person to be guardian of the estate of the adult if a guardian of the estate is needed.
(2)
If the court appoints the department as the legal custodian of a maltreated adult on an emergency, temporary, or long-term basis, the department may:
(A)
Consent to medical care for the adult;
(B)
Obtain physical or psychological evaluations;
(C)
Obtain medical, financial, and other records of the adult; and
(D)
Obtain or view financial information of the adult that is maintained by a bank or similar institution.
(b)
The department as custodian shall not make any of the following decisions without receiving express court approval:
(1)
Consent to abortion, sterilization, psychosurgery, or removal of bodily organs unless a procedure is necessary in a situation threatening the life of the maltreated adult;
(2)
Consent to withholding life-saving treatment;
(3)
Authorization of experimental medical procedures;
(4)
Authorization of termination of parental rights;
(5)
Prohibition of the adult from voting;
(6)
Prohibition of the adult from obtaining a driver's license;
(7)
Consent to a settlement or compromise of any claim by or against the adult or his or her estate;
(8)
Consent to the liquidation of assets of the adult through such activities as an estate sale;
(9)
Consent to amputation of any part of the body unless a procedure is necessary in a situation threatening the life of the maltreated adult; or
(10)
Consent to withholding life-sustaining treatment.
(c)
(1)
Upon the death of a person in the custody of the department, the department shall abide by a prior arrangement made by the person for the disposition of the person's body.
(2)
If prior arrangements were not made:
(A)
The department may request the court to grant authority to the department to use funds or resources of the deceased person as to the disposition of the body; or
(B)
Upon consent from the person's closest family member or after notice and the opportunity to be heard by the court, the department may consent to donate the person's body to medical science.
(3)
The department is not responsible for any costs related to the disposition of the person's body.
Amended by Act 2019, No. 326,§ 2, eff. 7/24/2019.
Acts 2005, No. 1811, § 1; 2009, No. 526, § 9; 2011, No. 206, § 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 20 - ADULT MALTREATMENT CUSTODY ACT (§§ 9-20-101 — 9-20-124) › Section 9-20-122 - Evaluation of prospective guardians

(a)
Regarding an individual listed in subsection (b) of this section, the Department of Human Services may:
(1)
Request a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations for convictions regarding violations under this subchapter;
(2)
Perform a criminal records check with the Identification Bureau of the Division of Arkansas State Police for convictions regarding violations under this subchapter;
(3)
Check the Adult and Long-term Care Facility Resident Maltreatment Central Registry for previous true findings of adult maltreatment;
(4)
Request a check of the Adult and Long-term Care Facility Resident Maltreatment Central Registry or its equivalent in the state of residence; and
(5)
Perform an evaluation of the home or proposed dwelling for an adult in the Department of Human Services' custody.
(b)
Subsection (a) of this section applies to an individual who has:
(1)
Requested consideration to be appointed guardian under §
28-65-101
et seq., of an adult in the custody of the Department of Human Services;
(2)
Requested custody of an adult in the custody of the Department of Human Services; and
(3)
Petitioned a court of competent jurisdiction:
(A)
To be appointed guardian, under §
28-65-101
et seq.; or
(B)
For custody of an adult in the custody of the Department of Human Services.
Acts 2011, No. 206, § 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 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 1 - GENERAL PROVISIONS (§§ 9-21-101 — 9-21-107) › Section 9-21-101 - Short title

This chapter may be cited as the Uniform Deployed Parents Custody and Visitation Act.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 1 - GENERAL PROVISIONS (§§ 9-21-101 — 9-21-107) › Section 9-21-103 - Remedies for noncompliance

In addition to other remedies under law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney's fees and costs against the party and order other appropriate relief.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 1 - GENERAL PROVISIONS (§§ 9-21-101 — 9-21-107) › Section 9-21-104 - Jurisdiction

(a)
A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act, §
9-19-101
et seq.
(b)
If a court has issued a temporary order regarding custodial responsibility pursuant to Article 3, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child-Custody Jurisdiction and Enforcement Act, §
9-19-101
et seq., during the deployment.
(c)
If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to Article 2, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child-Custody Jurisdiction and Enforcement Act, §
9-19-101
et seq.
(d)
If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child-Custody Jurisdiction and Enforcement Act, §
9-19-101
et seq.
(e)
This section does not prevent a court from exercising temporary emergency jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act, §
9-19-101
et seq.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 1 - GENERAL PROVISIONS (§§ 9-21-101 — 9-21-107) › Section 9-21-105 - Notification required of deploying parent

(a)
Except as otherwise provided in subsection (d) and subject to subsection (c), a deploying parent shall notify in a record the other parent of a pending deployment not later than seven (7) days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within the seven (7) days, the deploying parent shall give the notification as soon as reasonably possible.
(b)
Except as otherwise provided in subsection (d) and subject to subsection (c), each parent shall provide in a record the other parent with a plan for fulfilling that parent's share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under subsection (a).
(c)
If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under subsection (a), or notification of a plan for custodial responsibility during deployment under subsection (b), may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
(d)
Notification in a record under subsection (a) or (b) is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.
(e)
In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent's efforts to comply with this section.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 1 - GENERAL PROVISIONS (§§ 9-21-101 — 9-21-107) › Section 9-21-106 - Duty to notify of change of address

(a)
Except as otherwise provided in subsection (b), an individual to whom custodial responsibility has been granted during deployment pursuant to Article 2 or 3 shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of the individual's mailing address or residence until the grant is terminated. The individual shall provide the notice to any court that has issued a custody or child support order concerning the child which is in effect.
(b)
If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under subsection (a) may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 1 - GENERAL PROVISIONS (§§ 9-21-101 — 9-21-107) › Section 9-21-107 - General consideration in custody proceeding of parent's military service

In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of the child of the parent's past or possible future deployment.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 2 - AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-201 — 9-21-205) › Section 9-21-201 - Form of agreement

(a)
The parents of a child may enter into a temporary agreement under this Article granting custodial responsibility during deployment.
(b)
An agreement under subsection (a) must be:
(1)
in writing; and
(2)
signed by both parents and any nonparent to whom custodial responsibility is granted.
(c)
Subject to subsection (d), an agreement under subsection (a), if feasible, must:
(1)
identify the destination, duration, and conditions of the deployment that is the basis for the agreement;
(2)
specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent;
(3)
specify any decision-making authority that accompanies a grant of caretaking authority;
(4)
specify any grant of limited contact to a nonparent;
(5)
if under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;
(6)
specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact;
(7)
specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;
(8)
acknowledge that any party's child-support obligation cannot be modified by the agreement, and that changing the terms of the obligation during deployment requires modification in the appropriate court;
(9)
provide that the agreement will terminate according to the procedures under Article 4 after the deploying parent returns from deployment; and
(10)
if the agreement must be filed pursuant to §
9-21-205
, specify which parent is required to file the agreement.
(d)
The omission of any of the items specified in subsection (c) does not invalidate an agreement under this section.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 2 - AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-201 — 9-21-205) › Section 9-21-202 - Nature of authority created by agreement

(a)
An agreement under this Article is temporary and terminates pursuant to Article 4 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under §
9-21-203
. The agreement does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given.
(b)
A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under this Article has standing to enforce the agreement until it has been terminated by court order, by modification under §
9-21-203
, or under Article 4.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 2 - AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-201 — 9-21-205) › Section 9-21-203 - Modification of agreement

(a)
By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this Article.
(b)
If an agreement is modified under subsection (a) before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
(c)
If an agreement is modified under subsection (a) during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 2 - AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-201 — 9-21-205) › Section 9-21-204 - Power of attorney

A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this chapter, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 2 - AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-201 — 9-21-205) › Section 9-21-205 - Filing agreement or power of attorney with court

An agreement or power of attorney under this Article must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power. The case number and heading of the pending case concerning custodial responsibility or child support must be provided to the court with the agreement or power.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-301 — 9-21-311) › Section 9-21-301 - Definition

In this Article, "close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-301 — 9-21-311) › Section 9-21-302 - Proceeding for temporary custody order

(a)
After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act,
50 U.S.C. §§ 3931
and
3932
. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(b)
At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under §
9-21-104
or, if there is no pending proceeding in a court with jurisdiction under §
9-21-104
, in a new action for granting custodial responsibility during deployment.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-301 — 9-21-311) › Section 9-21-303 - Expedited hearing

If a motion to grant custodial responsibility is filed under §
9-21-302(b)
before a deploying parent deploys, the court shall conduct an expedited hearing.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-301 — 9-21-311) › Section 9-21-304 - Testimony by electronic means

In a proceeding under this Article, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-301 — 9-21-311) › Section 9-21-305 - Effect of prior judicial order or agreement

In a proceeding for a grant of custodial responsibility pursuant to this Article, the following rules apply:
(1)
A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than this chapter for modifying a judicial order regarding custodial responsibility.
(2)
The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under Article 2, unless the court finds that the agreement is contrary to the best interest of the child.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-301 — 9-21-311) › Section 9-21-306 - Grant of caretaking or decision-making authority to nonparent

(a)
On motion of a deploying parent and in accordance with law of this state other than this chapter, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship.
(b)
Unless a grant of caretaking authority to a nonparent under subsection (a) is agreed to by the other parent, the grant is limited to an amount of time not greater than:
(1)
the amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or
(2)
in the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.
(c)
A court may grant part of a deploying parent's decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-301 — 9-21-311) › Section 9-21-307 - Grant of limited contact

On motion of a deploying parent, and in accordance with law of this state other than this chapter, unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonparent who is a family member of the child or an individual with whom the child has a close and substantial relationship.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-301 — 9-21-311) › Section 9-21-308 - Nature of authority created by temporary custody order

(a)
A grant of authority under this Article is temporary and terminates under Article 4 after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted.
(b)
A nonparent granted caretaking authority, decision-making authority, or limited contact under this Article has standing to enforce the grant until it is terminated by court order or under Article 4.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-301 — 9-21-311) › Section 9-21-309 - Content of temporary custody order

(a)
An order granting custodial responsibility under this Article must:
(1)
designate the order as temporary; and
(2)
identify to the extent feasible the destination, duration, and conditions of the deployment.
(b)
If applicable, an order for custodial responsibility under this Article must:
(1)
specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;
(2)
if the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise;
(3)
provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;
(4)
provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child;
(5)
provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; and
(6)
provide that the order will terminate pursuant to Article 4 after the deploying parent returns from deployment.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 21 - UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (§§ 9-21-101 — 9-21-504) › 3 - JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (§§ 9-21-301 — 9-21-311) › Section 9-21-310 - Order for child support

If a court has issued an order granting caretaking authority under this Article, or an agreement granting caretaking authority has been executed under Article 2, the court may enter a temporary order for child support consistent with law of this state other than this chapter if the court has jurisdiction under the Uniform Interstate Family Support Act, §
9-17-101
et seq.
Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015