reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 7 - COMMISSION FOR PARENT COUNSEL (§§ 9-27-701 — 9-27-705) › Section 9-27-704 - Powers and duties of the Commission for Parent Counsel - Funding formula - Liability

(a)
(1)
The Commission for Parent Counsel shall enter into contracts with attorneys in order to provide counsel required by the circuit court in certain cases in the juvenile division of circuit court for a parent of a minor subject to a juvenile case.
(2)
The Commission for Parent Counsel may employ or enter into independent professional service contracts with attorneys to represent a parent at the trial court level as well as at the appellate level.
(3)
The Commission for Parent Counsel shall establish a funding formula to determine how an attorney is paid under this subchapter.
(b)
(1)
The Commission for Parent Counsel may hire or appoint an executive director who shall hire all staff required to implement this subchapter and shall advertise employment and contract opportunities.
(2)
The Executive Director of the Commission for Parent Counsel shall report directly to the Commission for Parent Counsel.
(3)
(A)
The executive director is authorized to employ or enter into professional service contracts with private individuals or businesses or public agencies to represent all parents in dependency-neglect proceedings.
(B)
An attorney obtaining employment or entering into a contract with the Commission for Parent Counsel shall be designated as the provider for representation of parents in dependency-neglect cases in each judicial district.
(C)
An attorney appointed to represent a parent in a dependency-neglect proceeding shall comply with Supreme Court Administrative Order No. 15 concerning standards and qualifications.
(4)
The executive director is charged with the authority and responsibility to establish and maintain a program that:
(A)
Equitably serves all areas of the state;
(B)
Provides quality representation; and
(C)
Equitably and prudently makes use of state funding and resources.
(c)
In order to ensure that each judicial district will have an appropriate amount of funds to utilize for indigent parent or custodian representation in dependency-neglect cases, the funds appropriated under this subchapter shall be apportioned based upon a formula developed by the executive director and approved by the Commission for Parent Counsel.
(d)
Neither the Arkansas Public Defender Commission nor the Commission for Parent Counsel is liable directly or indirectly to any attorney or to the Arkansas State Claims Commission for the payment of attorney's fees or expenses except to the extent specific funding is appropriated and available for the purpose of providing indigent parent counsel in dependency-neglect cases.
Amended by Act 2019, No. 333,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 871,§ 16, eff. 7/1/2019.
Added by Act 2017, No. 861,§ 6, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 7 - COMMISSION FOR PARENT COUNSEL (§§ 9-27-701 — 9-27-705) › Section 9-27-705 - Rulemaking permitted

The Commission for Parent Counsel may establish rules not otherwise addressed by this subchapter for its own governing for the administrative affairs of the commission and to effectuate the intent of this subchapter.
Added by Act 2017, No. 861,§ 6, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 8 - ARKANSAS FAMILY TREATMENT SPECIALTY COURT ACT (§§ 9-27-801 — 9-27-806) › Section 9-27-801 - Title

This subchapter shall be known and may be cited as the "Arkansas Family Treatment Specialty Court Act".
Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 8 - ARKANSAS FAMILY TREATMENT SPECIALTY COURT ACT (§§ 9-27-801 — 9-27-806) › Section 9-27-802 - Purpose and intent

(a)
There is a critical need for judicial intervention and support for effective treatment programs that reduce the incidence of family separation due to substance use disorders and mental health disorders.
(b)
Family treatment specialty courts shall:
(1)
Use a multidisciplinary, collaborative approach to serve families affected by substance use disorders and mental health disorders who are involved with the child welfare system;
(2)
Ensure that:
(A)
A participant is fully supported in his or her parenting roles; and
(B)
A child receives the necessary services and support to return to or remain with his or her parent, guardian, or custodian during the treatment and recovery process;
(3)
Provide:
(A)
A comprehensive array of clinical treatment and related support services that meet the needs of each member of the family rather than only the individual receiving care for a substance use disorder or mental health disorder; and
(B)
Services that address recovery, trauma, social, emotional, and development challenges;
(4)
Apply therapeutic responses to:
(A)
Improve parent, child, and family functioning;
(B)
Ensure children's safety, permanency, and well-being;
(C)
Support participant behavior change; and
(D)
Promote participant accountability; and
(5)
Include the following components:
(A)
Use of a non-adversarial, family-centered approach to improve family recovery, safety, and stability;
(B)
Protection of a participant's right to due process;
(C)
Reduction in the amount of time a child spends in an out-of-home placement;
(D)
Achievement of permanency more quickly; and
(E)
Reunification of families.
Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 8 - ARKANSAS FAMILY TREATMENT SPECIALTY COURT ACT (§§ 9-27-801 — 9-27-806) › Section 9-27-803 - Family treatment specialty court - Program authorized - Evaluation - Restriction on services and treatment

(a)
A family treatment specialty court is a specialized court within the existing structure of the court system.
(b)
A circuit court may establish a family treatment specialty court program for families involved in a dependency-neglect proceeding in the juvenile division of circuit court subject to approval by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order No. 14.
(c)
The goals of the family treatment specialty court program should be consistent with the Family Treatment Court Best Practice Standards as adopted by the Center for Children and Family Futures and the National Association of Drug Court Professionals, as they existed on January 1, 2023, with the exception that all team members shall have input on the procedures, policies, and goals of each family treatment court matter depending on the resources available.
(d)
A family treatment specialty court program authorized under this subchapter is subject to evaluation by the Specialty Court Program Advisory Committee under §
16-10-139
.
(e)
(1)
Services ordered by a family treatment specialty court program shall be supplemental to the services provided by the Department of Human Services, including without limitation:
(A)
Cash assistance and family services authorized under §
9-27-303
; and
(B)
Other dispositions authorized under §
9-27-334
.
(2)
A family treatment specialty court must comply with §
9-27-335
before ordering services.
(3)
Notwithstanding subdivision (e)(2) of this section, a family treatment specialty court may still order services if:
(A)
The provider waives payment;
(B)
The family treatment specialty court program participant has private insurance that will pay for the services;
(C)
An administrative and programmatic appropriation has been made for the services; or
(D)
Administrative and programmatic funding is available for the services.
(4)
The department shall not be ordered to arrange or pay for supplemental services without the consent of the department.
Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 8 - ARKANSAS FAMILY TREATMENT SPECIALTY COURT ACT (§§ 9-27-801 — 9-27-806) › Section 9-27-804 - Administration

(a)
A family treatment specialty court shall serve as an available means of disposition within a dependency-neglect matter and shall differ from the traditional adversarial trial system.
(b)
Each family treatment specialty court shall develop a policy and procedure manual for the family treatment specialty court program with the assistance of the Administrative Office of the Courts.
(c)
The family treatment specialty court program shall offer judicial monitoring with strict supervision and intensive treatment of participants with substance use disorders or mental health disorders, as determined by a validated clinical assessment tool.
(d)
(1)
A family treatment specialty court program team shall be designated by the circuit court judge assigned to manage the family treatment specialty court program docket.
(2)
Family treatment specialty court program team members may include:
(A)
A circuit judge;
(B)
A program coordinator, if appointed by the circuit judge;
(C)
A child welfare agency attorney;
(D)
An attorney from the Commission for Parent Counsel, if the juvenile has been removed from the home;
(E)
Any other attorney acting as counsel for a parent, guardian, or custodian participant;
(F)
An attorney ad litem;
(G)
A court-appointed special advocate, if appointed by the circuit judge, even if the juvenile remains in the home;
(H)
A family service worker;
(I)
One (1) or more treatment providers with experience in the fields of substance use disorders or mental health disorders, or both; and
(J)
Any other individuals determined necessary by the family treatment specialty court program judge.
(e)
If the family treatment specialty court utilizes a case management system that allows for the collection and processing of data, the family treatment specialty court shall collect and provide monthly data on program applicants and program participants as required by the Specialty Court Program Advisory Committee in accordance with the rules promulgated under §
10-3-2901
.
Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 8 - ARKANSAS FAMILY TREATMENT SPECIALTY COURT ACT (§§ 9-27-801 — 9-27-806) › Section 9-27-805 - Eligibility and participation

(a)
Participation in a family treatment specialty court is voluntary.
(b)
A person is eligible for participation in a family treatment specialty court program if:
(1)
The person is a parent, guardian, custodian, or other caretaker of a juvenile found by the court to be dependent or dependent-neglected; and
(2)
The person agrees to comply with the policies and procedures developed by the family treatment specialty court program, as well as the Arkansas Juvenile Code of 1989, §
9-27-301
et seq.
(c)
If a child has more than one (1) parent, guardian, or custodian and at least one (1) but not all parents, guardians, or custodians objects to participation in a family treatment specialty court, participation in the family treatment specialty court is conditioned upon providing notice and the opportunity to attend all family treatment specialty court staffings and hearings involving the objecting party to:
(1)
The objecting party; or
(2)
The attorney for an objecting party.
Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 27 - JUVENILE COURTS AND PROCEEDINGS (§§ 9-27-101 — 9-27-806) › Subchapter 8 - ARKANSAS FAMILY TREATMENT SPECIALTY COURT ACT (§§ 9-27-801 — 9-27-806) › Section 9-27-806 - Family Treatment Specialty Court Program Fund

(a)
Each approved family treatment specialty court shall establish a fund known as the "Family Treatment Specialty Court Program Fund".
(b)
Approval of the judge presiding over the family treatment specialty court program is required for all expenditures from the fund.
(c)
Expenditures from the fund shall be used solely for the support, benefit, and administration of the family treatment specialty court program.
(d)
Expenditures may be made for indirect expenses related to the family treatment specialty court program, including:
(1)
Training and travel expenses;
(2)
Family treatment specialty court program user incentives;
(3)
Graduation costs; and
(4)
Supplies.
(e)
The quorum court shall appropriate all fees and pay for all approved expenditures of the family treatment specialty court program.
(f)
A grant awarded to a family treatment specialty court program, as well as all memorials, honorariums, and other monetary gifts to the family treatment specialty court program, shall be deposited into the fund.
Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 1 - CHILDREN AND FAMILY SERVICES (§§ 9-28-101 — 9-28-120) › Section 9-28-101 - Legislative intent and purpose

The General Assembly recognizes that the state has a responsibility to protect children from abuse and neglect by providing services and supports that promote the safety, permanency, and well-being of the children and families of Arkansas.
Acts 2011, No. 591, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 1 - CHILDREN AND FAMILY SERVICES (§§ 9-28-101 — 9-28-120) › Section 9-28-102 - Creation of the Division of Children and Family Services

There is created the Division of Children and Family Services within the Department of Human Services.
Acts 2011, No. 591, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 1 - CHILDREN AND FAMILY SERVICES (§§ 9-28-101 — 9-28-120) › Section 9-28-103 - Division of Children and Family Services - Powers and duties

(a)
The Division of Children and Family Services shall perform the following functions and have the authority and responsibility to:
(1)
Coordinate communication between various components of the child welfare system;
(2)
Provide services to dependent-neglected children and their families;
(3)
Investigate reports of child maltreatment and assess the health, safety, and well-being of the child during the investigation;
(4)
Provide services, when appropriate, designed to allow a maltreated child to safely remain in his or her home;
(5)
Protect a child when remaining in the home presents an immediate danger to the health, safety, or well-being of the child;
(6)
Ensure child placements support the goal of permanency for children when the division is responsible for the placement and care of a child; and
(7)
Ensure the health, safety, and well-being of children when the division is responsible for the placement and care of a child.
(b)
The division may promulgate rules necessary to administer this subchapter.
Acts 2011, No. 591, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 1 - CHILDREN AND FAMILY SERVICES (§§ 9-28-101 — 9-28-120) › Section 9-28-104 - Best interest of the child

(a)
The General Assembly recognizes that children are defenseless and that there is no greater moral obligation upon the General Assembly than to provide for the protection of our children and that our child welfare system needs to be strengthened by establishing a clear policy of the state that the best interests of the children must be paramount and shall have precedence at every stage of juvenile court proceedings.
(b)
The best interest of the child shall be the standard for recommendations made by employees of the Department of Human Services as to whether a child should be reunited with his or her family or removed from or remain in a home wherein the child has been abused or neglected.
Acts 2011, No. 591, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 1 - CHILDREN AND FAMILY SERVICES (§§ 9-28-101 — 9-28-120) › Section 9-28-105 - Preference to relative caregivers for a child in foster care

In all custodial placements by the Department of Human Services in foster care or adoption, preferential consideration shall be given to an adult relative over a nonrelated caregiver, if:
(1)
The relative caregiver meets all relevant child protection standards; and
(2)
It is in the best interest of the child to be placed with the relative caregiver.
Acts 2011, No. 591, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 1 - CHILDREN AND FAMILY SERVICES (§§ 9-28-101 — 9-28-120) › Section 9-28-106 - Religious preference - Removal of barriers to inter-ethnic adoption

(a)
The Department of Human Services and any other agency or entity that receives federal assistance and is involved in adoption or foster care placement shall not:
(1)
Discriminate on the basis of the race, color, or national origin of either the adoptive parent, foster parent, or the child involved; or
(2)
Delay the placement of a child on the basis of race, color, or national origin of the adoptive parent or foster parent.
(b)
If a child's genetic parent or parents 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 department shall:
(1)
Place the child with a family that meets the genetic parent's religious preference; or
(2)
If a family with the same or a similar religious background is not available, to a family of a different religious background that is knowledgeable and appreciative of the child's religious background.
Acts 2011, No. 591, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 1 - CHILDREN AND FAMILY SERVICES (§§ 9-28-101 — 9-28-120) › Section 9-28-107 - Notice when juvenile transferred to custody of department

(a)
The Department of Human Services shall exercise due diligence to identify and provide notice to all adult grandparents, all parents of a sibling of the juvenile where the parent has legal custody of the sibling, and other adult relatives of a juvenile transferred to the custody of the department.
(b)
The notice provided under this subsection shall:
(1)
Be provided within thirty (30) days after the juvenile is transferred to the custody of the department; and
(2)
Include adult grandparents or adult relatives suggested by the parent or parents of the juvenile.
(c)
The department is not required to provide notice under subsection (b) of this section to an adult grandparent or other adult relative if the adult grandparent or other adult relative has:
(1)
A pending charge or past conviction or plea of guilty or nolo contendere for family or domestic violence; or
(2)
A true finding of child maltreatment in the Child Maltreatment Central Registry.
(d)
The notice required under subsection (b) of this section shall state:
(1)
That the juvenile has been or is being removed from the parent;
(2)
The option to participate in the:
(A)
Care of the child;
(B)
Placement with the child; and
(C)
Visitation with the child;
(3)
That failure to respond to the notice may result in loss of options listed under subdivision (d)(2) of this section;
(4)
The requirements to become a provisional foster home and the additional services and supports that are available for children in a foster home; and
(5)
That if kinship guardianship is available, how the relative could enter into a kinship guardianship agreement with the department.
(e)
The department may provide notice of a juvenile transferred to the custody of the department to persons who have a strong, positive emotional tie to the juvenile and have a positive role in the juvenile's life but are not related by blood, adoption, or marriage.
(f)
(1)
As used in this section, a "sibling" includes an individual who would have been considered a sibling of the child but for a termination or other disruption of parental rights.
(2)
This section shall not be construed as subordinating the rights of foster or adoptive parents of a child to the rights of the parents of a sibling of that child.
Amended by Act 2015, No. 1038,§ 5, eff. 4/4/2015
Amended by Act 2015, No. 1038,§ 4, eff. 4/4/2015
Acts 2011, No. 591, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 1 - CHILDREN AND FAMILY SERVICES (§§ 9-28-101 — 9-28-120) › Section 9-28-110 - Smoking in the presence of foster children

The Department of Human Services shall not place or permit a child to remain in a foster home, unless it is in the best interest of the child to be placed in or to remain in the foster home, if the foster parent:
(1)
Or any other member of the household smokes; or
(2)
Allows an individual to smoke in the presence of a foster child.
Acts 2011, No. 591, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 1 - CHILDREN AND FAMILY SERVICES (§§ 9-28-101 — 9-28-120) › Section 9-28-112 - Foster children and educational issues

(a)
The Department of Human Services and school districts shall work together for the best interest of any child placed in the custody of the department.
(b)
By the next business day after the department exercises a seventy-two-hour hold on a child or a court places custody of a child with the department, the department shall inform the child's current school district, regardless of whether the child remains at his or her current school, that:
(1)
The department has exercised a seventy-two-hour hold on the child; or
(2)
The court has placed the child in the custody of the department.
(c)
By the next business day after a foster child transfers to a new placement, the department shall notify the child's current school that the foster child has transferred to a new placement.
(d)
By the next business day after the department reasonably believes that a foster child has experienced a traumatic event, the department may notify the school counselor of the child that the department reasonably believes that the foster child has experienced a traumatic event.
(e)
By the next business day after the department knows that a foster child has experienced a traumatic event through an investigation or an ongoing protective services case, the department may notify the school counselor of the child of the traumatic event that the department has knowledge of through an investigation or an ongoing protective services case.
(f)
The school counselor of the child may share information reported to the counselor under subsections (d) and (e) of this section with the school principal and the teachers of the child, if appropriate.
(g)
(1)
The department or its designee, who may be a foster parent, shall make educational decisions for a child in the custody of the department related to general educational matters, subject to limitation only by the court having jurisdiction of the custody matter.
(2)
For educational matters under the Individuals with Disabilities Education Act,
20 U.S.C. § 1400
et seq., a foster parent may make decisions for a child in the custody of the department.
Acts 2011, No. 591, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 1 - CHILDREN AND FAMILY SERVICES (§§ 9-28-101 — 9-28-120) › Section 9-28-115 - Immunity - Definition

(a)
A foster parent approved by a child placement agency licensed by the Department of Human Services shall not be liable for:
(1)
Damages caused by a foster child; or
(2)
Injuries to a foster child caused by acts or omissions of the foster parents unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct.
(b)
A volunteer approved by the department to transport a foster child or client of the department or to supervise visits at the request of the department shall not be liable to a foster child, the client, or the parent or guardian of a foster child for injuries to a foster child or client caused by the acts or omissions of a volunteer unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct.
(c)
An approved volunteer who performs home studies without compensation shall have immunity from liability as provided for state officers and employees under §
19-10-305
. As used in this subsection, "approved volunteer" means a volunteer approved by:
(1)
The department; and
(2)
Any organization operating under a memorandum of understanding with the department for the completion of home studies.
Acts 2011, No. 591, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 1 - CHILDREN AND FAMILY SERVICES (§§ 9-28-101 — 9-28-120) › Section 9-28-116 - Restrictions on foster and adoptive parents

(a)
(1)
A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster parent or adoptive parent unless all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care, have been checked with the Identification Bureau of the Division of Arkansas State Police at a minimum of every two (2) years for convictions of the offenses listed in this subchapter and in §
9-28-409
.
(2)
Youths in a household who turn eighteen (18) years of age are not required to have a criminal background check until six (6) months after turning eighteen (18) years of age.
(b)
A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster or adoptive parent unless all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care, have a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation for convictions of the offenses listed in this subchapter and in §
9-28-409
.
(c)
A foster child in the custody of the Department of Human Services, or a foster child in the custody of another state, shall not be placed in the home of any Arkansas foster or adoptive parent if the criminal records check reveals a felony conviction for:
(1)
Child abuse or neglect;
(2)
Spousal abuse or domestic battery;
(3)
A crime against children, including child pornography;
(4)
A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery; or
(5)
Aggravated assault on a family or household member.
(d)
A foster child in the custody of the Department of Human Services, or a foster child in the custody of another state, shall not be placed in the home of any foster or adoptive parent if the criminal record check reveals a felony conviction for physical assault, battery, or a drug-related offense if the offense was committed within the past five (5) years.
Amended by Act 2015, No. 547,§ 2, eff. 7/22/2015
Acts 2011, No. 591, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 1 - CHILDREN AND FAMILY SERVICES (§§ 9-28-101 — 9-28-120) › Section 9-28-117 - Authority to obtain local criminal background checks

(a)
Local law enforcement shall provide the Department of Human Services with criminal background information on persons who have applied to be a provisional foster home, a regular foster home, or an adoptive home for the department upon request from the department.
(b)
Local law enforcement shall provide the department with criminal background information on persons whose home is being studied by the department upon request from the department.
Acts 2011, No. 591, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 1 - CHILDREN AND FAMILY SERVICES (§§ 9-28-101 — 9-28-120) › Section 9-28-118 - Training hours for employees

All Division of Children and Family Services caseworkers, supervisors, and area directors shall have at least one (1) hour of annual training on issues related to:
(1)
Separation and placement; and
(2)
The grief and loss that children experience in foster care with multiple placements.
Acts 2011, No. 591, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 2 - YOUTH SERVICES (§§ 9-28-201 — 9-28-217) › Section 9-28-201 - Legislative intent and purpose

(a)
The General Assembly recognizes that the state has a responsibility to provide its youth with appropriate services and programs to help decrease the number of juvenile offenders in the state and to create a better future for the state's youth and that reforms in the juvenile justice system require oversight by an organization with special expertise in the problems of juvenile offenders. Therefore, the General Assembly declares that this subchapter is necessary to create a single entity within the Department of Human Services with primary responsibility for coordinating, sponsoring, and providing services to Arkansas's youth and to create a structure within state government that will be responsive to the needs of the state's youth.
(b)
The purposes of this subchapter include without limitation to:
(1)
Maintain public safety and improve outcomes for Arkansas youth and families involved in the juvenile justice system through validated risk assessments;
(2)
Reduce the number of secure out-of-home placements;
(3)
Redirect funding from secure residential facilities to evidence-based community services; and
(4)
Enhance treatment for youth committed to the Division of Youth Services.
Amended by Act 2019, No. 189,§ 5, eff. 7/1/2020.
Acts 1995, No. 1261, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 2 - YOUTH SERVICES (§§ 9-28-201 — 9-28-217) › Section 9-28-202 - Creation of the Division of Youth Services - Director

(a)
There is hereby created the Division of Youth Services within the Department of Human Services.
(b)
(1)
The Governor may appoint the Director of the Division of Youth Services or may delegate that function to the Secretary of the Department of Human Services.
(2)
The director shall report to the secretary.
Amended by Act 2019, No. 910,§ 5135, eff. 7/1/2019.
Acts 1995, No. 1261, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 2 - YOUTH SERVICES (§§ 9-28-201 — 9-28-217) › Section 9-28-204 - Observation and assessment center

(a)
The Division of Youth Services shall establish and maintain an observation and assessment center for the reception, orientation, classification, and adjustment evaluation of all youths committed to the division.
(b)
(1)
The staff of the center shall be provided by the division or its designee.
(2)
The staff shall consist of the professional and clerical personnel as are necessary to perform the functions of the center as provided in this section.
(c)
The center shall be a secure facility and shall be equipped to hold committed youths for such period of time as necessary to provide for orientation, diagnosis, evaluation, and classification of a youth.
Acts 1995, No. 1261, § 4; 1995, No. 1335, § 4
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 2 - YOUTH SERVICES (§§ 9-28-201 — 9-28-217) › Section 9-28-206 - Disposition of delinquent juvenile

(a)
When a circuit court or any other court having jurisdiction of a juvenile under eighteen (18) years of age finds a juvenile to be delinquent as defined by the laws of this state, the court may commit the juvenile to the Division of Youth Services for an indeterminate period not to exceed the twenty-first birthday of the juvenile.
(b)
No court may commit a juvenile found solely in criminal contempt to the division.
Acts 1995, No. 1261, § 6; 1999, No. 1192, § 21; 2005, No. 192, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 2 - YOUTH SERVICES (§§ 9-28-201 — 9-28-217) › Section 9-28-207 - Commitment to the Division of Youth Services

(a)
When any youth is committed to the Division of Youth Services as authorized in this section, the youth shall be under the exclusive care, physical custody, and control of the division from the time of the lawful reception of the youth by a youth services center until the youth is released from the physical custody of the division.
(b)
The fact that a youth has been committed to the division shall not be received in evidence in any court in this state in any subsequent proceeding affecting the youth, except as otherwise provided by law.
Acts 1995, No. 1261, § 7; 2009, No. 956, § 29
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 2 - YOUTH SERVICES (§§ 9-28-201 — 9-28-217) › Section 9-28-209 - Commitment conditions and terms

(a)
(1)
Upon commitment to the Division of Youth Services, a youth shall be delivered to the observation and assessment center for orientation, classification, diagnosis, and evaluation.
(2)
Upon completion of such orientation, classification, diagnosis, and evaluation, the staff of the observation and assessment center shall make recommendations to the Director of the Division of Youth Services with respect to the placement of a youth.
(b)
Upon receipt of the recommendations, the director shall determine whether a youth shall be placed in a youth services center or facility or any program operated by the Department of Human Services.
(c)
(1)
If the division determines that a youth shall be retained in any of the facilities or programs, it shall consider the youth's physical condition, mental attitude and capacity, prognosis for successful rehabilitation, and such other criteria as the division shall establish in order to place the youth in the most appropriate facility or program as determined by the division.
(2)
If the division determines that a youth is not suited for placement in a youth services center or facility, it shall report its findings to the committing court along with information regarding the placement of the youth.
(d)
The division has the authority to move a youth at any time within its system of youth services centers or facilities and community-based programs or within the department's programs or facilities.
Acts 1995, No. 1261, § 9; 1995, No. 1335, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 2 - YOUTH SERVICES (§§ 9-28-201 — 9-28-217) › Section 9-28-211 - Escape from youth services center or facilities

(a)
If any delinquent youth committed to the Division of Youth Services escapes or absents himself or herself from a youth services center or facility without authorization, he or she may be returned to the facility by a law enforcement officer without further proceedings.
(b)
No law enforcement officer, Department of Human Services State Institutional System Board member, division employee, or other person shall be subject to suit or held criminally or civilly liable for his or her actions provided he or she acts in good faith and without malice in the apprehension and return of escapees.
Acts 1995, No. 1261, § 11
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 2 - YOUTH SERVICES (§§ 9-28-201 — 9-28-217) › Section 9-28-212 - Sale of goods produced at youth services centers - Disposition of funds

All funds derived from the sale of agricultural products, livestock, or manufactured articles, or from other activities carried on at the youth services centers or facilities shall be deposited into the State Treasury in the Youth Services Fund Account of the Department of Human Services Fund to be used exclusively for the support of the Division of Youth Services.
Acts 1995, No. 1261, § 12
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 2 - YOUTH SERVICES (§§ 9-28-201 — 9-28-217) › Section 9-28-214 - Penalty for escape

(a)
If charged and found guilty as an adult for first degree escape, §
5-54-110
, or second degree escape, §
5-54-111
, a juvenile shall be given a mandatory sentence of not less than nine (9) months in an appropriate facility of the Division of Correction.
(b)
If adjudicated delinquent for first degree escape, §
5-54-110
, or second degree escape, §
5-54-111
, a juvenile shall be committed to the Division of Youth Services and placed in a more restricted facility in order to complete the remaining term of his or her commitment, provided that if the juvenile escaped from the most restricted facility, the juvenile shall complete the remaining term of his or her commitment at that or a similar facility.
(c)
The juvenile may receive credit for time served.
Amended by Act 2019, No. 910,§ 692, eff. 7/1/2019.
Acts 1997, No. 1299, § 8
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 2 - YOUTH SERVICES (§§ 9-28-201 — 9-28-217) › Section 9-28-215 - Departure without authorization - Release of information - Definition

(a)
As used in this section, "identifying and descriptive information" means any information pertaining to a juvenile that is necessary to safeguard public safety and aid in the apprehension of the juvenile, including without limitation:
(1)
A photo of the juvenile;
(2)
The name of the juvenile;
(3)
The age of the juvenile; and
(4)
A felony offense for which the juvenile is committed to the custody of the Division of Youth Services.
(b)
(1)
When a juvenile who is committed to the custody of the Division of Youth Services leaves his or her assigned placement without authorization, the Director of the Division of Youth Services or his or her designee shall release the identifying and descriptive information of the juvenile to the general public if the juvenile:
(A)
Is committed to the Division of Youth Services for an offense that would be a felony if the offense were committed by an adult;
(B)
Poses a serious threat to public safety or a member of the public; or
(C)
Is at a heightened risk of harm if he or she is not apprehended immediately due to his or her age, disability, medical condition, mental capacity, or another emergency circumstance.
(2)
The Division of Youth Services shall release identifying and descriptive information to the general public if the juvenile is committed to the Division of Youth Services under extended juvenile jurisdiction.
(3)
The Division of Youth Services shall promulgate rules detailing the factors to be considered in determining when identifying and descriptive information may be released.
(c)
When a juvenile departs without authorization from the Arkansas State Hospital, if at the time of departure the juvenile is committed as a result of an acquittal, for mental disease or defect, of an offense for which the juvenile could have been tried as an adult, the Director of the Division of Aging, Adult, and Behavioral Health Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information he or she deems necessary to aid in the apprehension of the juvenile and safeguard the public welfare.
(d)
When a juvenile departs without authorization from a local juvenile detention facility, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the director of the juvenile detention facility shall release to the general public the name, age, and description of the juvenile and any other pertinent information the director deems necessary to aid in the apprehension of the juvenile and safeguard the public welfare.
Amended by Act 2019, No. 365,§ 1, eff. 7/24/2019.
Acts 1997, No. 397, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 2 - YOUTH SERVICES (§§ 9-28-201 — 9-28-217) › Section 9-28-216 - Separation of juvenile offenders - Rules - Review

(a)
The Division of Youth Services shall promulgate rules to require the separation of juvenile offenders committed to a facility operated by the division based upon:
(1)
The age of the juvenile offender;
(2)
The seriousness of the crime or crimes committed by the juvenile offender; or
(3)
Whether the juvenile offender has been adjudicated delinquent of a sex offense as defined under §
12-12-903
.
(b)
No rule pertaining to the separation of juvenile offenders promulgated hereafter by the division shall be effective until reviewed by the Legislative Council, the House Committee on Aging, Children and Youth, Legislative and Military Affairs, and the Senate Interim Committee on Children and Youth, or appropriate subcommittees thereof, of the General Assembly.
Amended by Act 2019, No. 315,§ 721, eff. 7/24/2019.
Acts 1999, No. 1030, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 4 - CHILD WELFARE AGENCY LICENSING ACT (§§ 9-28-401 — 9-28-416) › Section 9-28-401 - Short title

This subchapter shall be known as the "Child Welfare Agency Licensing Act".
Acts 1997, No. 1041, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 4 - CHILD WELFARE AGENCY LICENSING ACT (§§ 9-28-401 — 9-28-416) › Section 9-28-404 - Child Welfare Agency Review Board - Composition

(a)
The Child Welfare Agency Review Board shall consist of Arkansas residents who shall be qualified as follows:
(1)
The director of the division within the Department of Human Services designated by the Secretary of the Department of Human Services to administer this subchapter or his or her designee;
(2)
One (1) representative from a privately owned, licensed child placement agency with expertise in foster care;
(3)
One (1) representative from a privately owned, licensed child placement agency with expertise in adoptions;
(4)
Two (2) representatives from licensed residential childcare facilities;
(5)
One (1) representative from a licensed psychiatric residential treatment facility;
(6)
One (1) representative from a licensed emergency shelter; and
(7)
One (1) representative from the public at large.
(b)
Members shall be appointed by the Governor for four-year terms expiring on March 1 of the appropriate year, except that in making initial appointments, one (1) of the members representing licensed child placement agencies and the member representing the public at large shall serve for two (2) years and two (2) of the members representing residential facilities shall serve for three (3) years.
(c)
Members of the board shall serve without compensation, but each member of the board shall be entitled to reimbursement for expenses for necessary meals, lodging, and mileage in attending board meetings, to be payable from funds appropriated for the maintenance and operation of the department.
(d)
The members of the board shall select a chair from among its voting membership.
Amended by Act 2019, No. 910,§ 5143, eff. 7/1/2019.
Acts 1997, No. 1041, § 4; 2001, No. 1414, §§ 1, 2; 2003, No. 1157, § 2; 2011, No. 522, §§ 7, 8