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 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 4 - CHILD WELFARE AGENCY LICENSING ACT (§§ 9-28-401 — 9-28-416) › Section 9-28-408 - Church-related exemption - Definition

(a)
(1)
Any church or group of churches exempt from the state income tax levied by the Income Tax Act of 1929, §
26-51-101
et seq., when operating a child welfare agency shall be exempt from obtaining a license to operate the facility by the receipt by the Child Welfare Agency Review Board of written request therefor, together with the written verifications required in subsection (b) of this section.
(2)
A written request shall be made by those churches desiring exemption to the board, which is mandated under the authority of this subchapter to license all child welfare agencies.
(b)
(1)
In order to maintain an exempt status, the child welfare agency shall state every two (2) years in written form signed by the persons in charge that the agency has met the fire, safety, and health inspections and is in substantial compliance with published standards that similar nonexempt child welfare agencies are required to meet.
(2)
Visits to review and advise exempt agencies shall be made as deemed necessary by the board to verify and maintain substantial compliance with all published standards for nonexempt agencies.
(3)
Standards for substantial compliance shall not include those of a religious or curriculum nature so long as the health, safety, and welfare of the child are not endangered.
(c)
(1)
Any questions of substantial compliance with the published standards shall be reviewed by the board.
(2)
Final administrative actions of the board shall be pursued by either party in the court of competent jurisdiction in the resident county of the facility under review.
(3)
Challenge to the constitutionality or reasonableness of any rule or statute may be made prior to any appeal under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(d)
(1)
As used in this section, the term "substantial compliance" and the term "is being operated in accordance with this subchapter" shall each mean that a church-operated exempt or a nonexempt child welfare agency is being operated within the minimum requirements for substantial compliance as promulgated by the board.
(2)
It is the intent and purpose of this section that the term "substantial compliance" be applicable to all child welfare agencies.
Amended by Act 2019, No. 315,§ 731, eff. 7/24/2019.
Acts 1997, No. 1041, § 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 4 - CHILD WELFARE AGENCY LICENSING ACT (§§ 9-28-401 — 9-28-416) › Section 9-28-415 - Foster home - Care requirements and limitations

(a)
A foster home shall:
(1)
Provide substitute care within a family-like setting on a twenty-four-hour basis for any child placed in the foster home by a child placement agency;
(2)
Adhere to the reasonable and prudent parent standard, as that standard is defined by Pub. L. No. 113-183, in the care of any child placed in the foster home by a child placement agency; and
(3)
Be the primary residence of the individual or family that is owned, rented, sublet, or leased by the individual or family.
(b)
A child placement agency may own and support the foster home if the foster home is the primary residence of the individual or family and the foster home meets all other licensing requirements under this subchapter.
(c)
A foster home shall not provide care for more than six (6) children in foster care unless providing care for additional children will allow:
(1)
A parenting youth in foster care to remain with his or her child;
(2)
Siblings in foster care to remain together;
(3)
A child with an established meaningful relationship with a family to remain with the family; or
(4)
A family with special training or skills to provide care to a child who has a severe disability.
Added by Act 2019, No. 663,§ 4, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 4 - CHILD WELFARE AGENCY LICENSING ACT (§§ 9-28-401 — 9-28-416) › Section 9-28-416 - Admission of children to psychiatric residential treatment facilities

(a)
A psychiatric residential treatment facility licensed under this subchapter and holding a permit from the Health Services Permit Agency or the Health Services Permit Commission shall not admit a child for psychiatric residential treatment unless the child is:
(1)
An Arkansas resident;
(2)
A child of a parent who is an Arkansas resident;
(3)
A child placed by or on behalf of another state's child welfare agency;
(4)
A child for whom the facility is being paid by another state's Medicaid program;
(5)
A child of an active-duty member or veteran of the uniformed services as defined in §
6-4-302
; or
(6)
A nonresident child victim of human trafficking when the regulated facility maintains responsibility for the return of the child to the out-of-state custodian.
(b)
The Department of Human Services may promulgate rules to enforce this section.
Added by Act 2023, No. 806,§ 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 6 - THERAPEUTIC GROUP HOMES AND INDEPENDENT LIVING PROGRAMS (§§ 9-28-601 — 9-28-603) › Section 9-28-601 - Legislative intent

In a significant number of cases, the health, safety, welfare, and basic emotional needs of children are not being met by remaining with their families. In certain situations, therapeutic group homes and independent living programs can provide the sense of structure, continuity, stability, and the positive role models that are necessary for a child to become a productive citizen, and these alternative living environments are far less expensive than maintaining a child in the penal system. Therefore, it is the intent of this legislation to establish independent living programs for youths in strategic areas throughout Arkansas for the purpose of intervention.
Acts 1995, No. 1113, § 1; 1997, No. 885, § 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 6 - THERAPEUTIC GROUP HOMES AND INDEPENDENT LIVING PROGRAMS (§§ 9-28-601 — 9-28-603) › Section 9-28-602 - Definitions

As used in this subchapter:
(1)
"Division" means the Division of Youth Services;
(2)
"Independent living programs" means residential and nonresidential services provided to youths that may include, but not be limited to:
(A)
Intensive case management;
(B)
Adult supervision;
(C)
Transportation;
(D)
Vocational and educational assistance; and
(E)
Counseling, including substance abuse counseling; and
(3)
"Therapeutic group homes" means small family-like group living facilities that include supportive services to remedy social and behavioral problems of the youths served.
Acts 1995, No. 1113, § 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 6 - THERAPEUTIC GROUP HOMES AND INDEPENDENT LIVING PROGRAMS (§§ 9-28-601 — 9-28-603) › Section 9-28-603 - Establishment

(a)
The Division of Youth Services will issue requests for proposals for contracts for the establishment of independent living programs.
(b)
The programs shall:
(1)
Provide case management, adult supervision, and treatment services for participant youths, as outlined in an individual case plan;
(2)
Provide a continuum of treatment services in order to enable youths to be increasingly less dependent on public institutions and ultimately to live successfully without adult supervision;
(3)
Establish a minimum of ten (10) independent living programs within Arkansas;
(4)
Maintain a record of all services provided in individual client files;
(5)
Gather follow-up data on all participants for a minimum of three (3) years after termination of services for evaluation purposes; and
(6)
Provide an annual report to the division and the Senate Interim Committee on Children and Youth and the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs summarizing outcome data in areas related to educational achievement, employment, and criminal justice contact of the participants and other information as requested by the division.
Acts 1995, No. 1113, § 3; 1997, No. 312 § 3; 1997, No. 885, § 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 7 - COMMUNITY-BASED SANCTIONS (§§ 9-28-701 — 9-28-704) › Section 9-28-701 - Legislative findings

(a)
Presently circuit judges must often choose between imposing no sanction at all or committing juveniles to the Division of Youth Services. Judges should have punitive options available as alternatives to confinement. Therefore, it is the intent of the General Assembly that a continuum of graduated sanctions be available in every judicial district in Arkansas and that the division provide for a continuum of sanctions that may be imposed in the community in lieu of commitment to the division in every situation.
(b)
Further, the General Assembly recognizes that sanctions are usually not effective unless the sanctions are coupled with treatment and intervention services that address the underlying problems of the youth and his or her family. It is for this reason the General Assembly has provided that the community-based sanctions program be implemented by the division as part of its community-based provider contracts, and that any and all funds specifically appropriated to implement this subchapter are in addition to those funds provided for other prevention intervention, therapeutic, and family services and shall be added to existing community-based contracts without further request for proposal, but must be spent exclusively to implement and support community-based sanctions.
Acts 1997, No. 710, § 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 7 - COMMUNITY-BASED SANCTIONS (§§ 9-28-701 — 9-28-704) › Section 9-28-702 - Sanctions - Use and availability

(a)
The Division of Youth Services shall ensure that each judicial district has a continuum of sanctions available through its contracts with community-based providers. The sanctions may include, but are not limited to, the following:
(1)
House arrest as enforced by electronic monitoring or intensive supervision;
(2)
Restitution;
(3)
Community service;
(4)
Short-term detention in either a staffed or physically secure facility provided by the community-based provider or other licensed subcontractor; and
(5)
Mandatory parental participation in either therapeutic or sanction programs enforced, if necessary, by contempt sanctions.
(b)
The Director of the Division of Youth Services shall ensure that criteria are established to ensure the maximum use of resources, in each judicial district, to make this program available to as many juveniles as possible. To the extent resources are available, a community-based sanction may be used for the following juvenile offenders and circumstances:
(1)
Offenses not involving violence;
(2)
Failure to comply with the terms of the aftercare plan;
(3)
Contempt of court for failure to comply with any valid court order; and
(4)
Revocation of probation.
(c)
Nothing in this section requires the division to provide all the sanctions listed in this section, but simply to ensure that each judicial district has in place a continuum of graduated community-based sanctions and that those sanctions are available for as many juvenile offenders as possible.
(d)
The division shall add to the community-based provider contracts without further request for proposals, any and all funds specifically appropriated to implement this subchapter and shall ensure that those funds are spent exclusively to implement and support community-based sanction programs.
Acts 1997, No. 710, § 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 7 - COMMUNITY-BASED SANCTIONS (§§ 9-28-701 — 9-28-704) › Section 9-28-703 - Sanctions - Position

(a)
The Division of Youth Services may impose any community-based sanction on a juvenile in its custody or who is in aftercare as a result of having been committed.
(b)
The court may impose community-based sanctions as an original disposition, revocation of probation, or as a contempt sanction.
(c)
The community-based provider may not independently impose the community-based sanctions.
Acts 1997, No. 710, § 3
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 7 - COMMUNITY-BASED SANCTIONS (§§ 9-28-701 — 9-28-704) › Section 9-28-704 - Contracts with community-based providers

(a)
Each new professional or consultant service contract over twenty-five thousand dollars ($25,000) of the Division of Youth Services with a community-based provider shall be filed for review with the Legislative Council or the Joint Budget Committee if the General Assembly is in session at least thirty (30) days before the execution date of the contract.
(b)
Before a professional or consultant service contract with a community-based provider is modified or amended, the division shall:
(1)
Notify the community-based provider of the proposed modification or amendment at least forty-five (45) days before the contract modification or amendment is executed, unless notice is waived by the community-based provider in writing;
(2)
Post a notification of the proposed modification or amendment on the website of the Department of Human Services, on the section of the website related to procurement, at least forty-five (45) days before the execution date of the contract;
(3)
Provide the community-based provider an opportunity to comment on the proposed modification or amendment; and
(4)
File the proposed contract modification or amendment and all community-based provider comments submitted with the Legislative Council or to the Joint Budget Committee if the General Assembly is in session at least thirty (30) days before the contract modification or amendment is executed.
Amended by Act 2013, No. 1258,§ 1, eff. 8/16/2013
Added by Act 2013, No. 321,§ 1, eff. 8/16/2013
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 8 - HOUSING FOR JUVENILE OFFENDERS BETWEEN THE AGES OF EIGHTEEN AND TWENTY-ONE (§ 9-28-801) › Section 9-28-801 - Facility to house older juvenile offenders established

(a)
The Division of Youth Services shall establish a separate facility to house offenders between the ages of eighteen (18) and twenty-one (21) who have been committed to the division.
(b)
The facility shall be in operation by July 1, 2000, and shall be contingent upon funding.
Acts 1999, No. 1272, § 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 9 - FOSTER PARENT SUPPORT ACT (§§ 9-28-901 — 9-28-903) › Section 9-28-901 - Title

This subchapter shall be known and may be cited as the "Foster Parent Support Act of 2007".
Acts 2007, No. 725, § 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 9 - FOSTER PARENT SUPPORT ACT (§§ 9-28-901 — 9-28-903) › Section 9-28-902 - Findings

(a)
The General Assembly finds that foster parents providing care for children who are in the custody of the Department of Human Services play an integral, indispensable, and vital role in the state's effort to care for dependent children displaced from their homes. The General Assembly further finds that it is in the best interests of Arkansas's child welfare system to acknowledge foster parents as active and participating members of this system and to support them.
(b)
When policies regarding foster care and adoptive placement are developed by the Division of Children and Family Services and other child placement agencies, those policies shall be designed to support and aid foster parents.
Acts 2007, No. 725, § 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 10 - SAFEGUARDS FOR CHILDREN IN FOSTER CARE ACT (§§ 9-28-1001 — 9-28-1003) › Section 9-28-1001 - Title

This subchapter shall be known and may be cited as the "Safeguards for Children in Foster Care Act".
Acts 2007, No. 725, § 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 10 - SAFEGUARDS FOR CHILDREN IN FOSTER CARE ACT (§§ 9-28-1001 — 9-28-1003) › Section 9-28-1002 - Findings and purpose

(a)
The General Assembly acknowledges that society has a responsibility, along with foster parents and the Department of Human Services, for the well-being of children in foster care.
(b)
Every child in foster care is endowed with the opportunities inherently belonging to all children.
Acts 2007, No. 725, § 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 11 - ARKANSAS COALITION FOR JUVENILE JUSTICE BOARD (§§ 9-28-1101 — 9-28-1104) › Section 9-28-1101 - [Repealed]

Repealed by Act 2019, No. 938,§ 1, eff. 7/24/2019.
Amended by Act 2017, No. 540,§ 8, eff. 8/1/2017
Added by Act 2013, No. 1513,§ 1, eff. 8/16/2013
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 11 - ARKANSAS COALITION FOR JUVENILE JUSTICE BOARD (§§ 9-28-1101 — 9-28-1104) › Section 9-28-1102 - [Repealed]

Repealed by Act 2019, No. 938,§ 1, eff. 7/24/2019.
Added by Act 2013, No. 1513,§ 1, eff. 8/16/2013
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 11 - ARKANSAS COALITION FOR JUVENILE JUSTICE BOARD (§§ 9-28-1101 — 9-28-1104) › Section 9-28-1103 - [Repealed]

Repealed by Act 2019, No. 938,§ 1, eff. 7/24/2019.
Added by Act 2013, No. 1513,§ 1, eff. 8/16/2013
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 11 - ARKANSAS COALITION FOR JUVENILE JUSTICE BOARD (§§ 9-28-1101 — 9-28-1104) › Section 9-28-1104 - [Repealed]

Repealed by Act 2019, No. 938,§ 1, eff. 7/24/2019.
Added by Act 2013, No. 1513,§ 1, eff. 8/16/2013
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 12 - YOUTH JUSTICE REFORM BOARD (§§ 9-28-1201 — 9-28-1203) › Section 9-28-1201 - [Repealed]

Repealed by Act 2023, No. 365,§ 16, eff. 7/1/2023.
Amended by Act 2019, No. 931,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5144, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2207, eff. 7/1/2019.
Amended by Act 2017, No. 913,§ 28, eff. 8/1/2017
Added by Act 2015, No. 1010,§ 3, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 12 - YOUTH JUSTICE REFORM BOARD (§§ 9-28-1201 — 9-28-1203) › Section 9-28-1202 - [Repealed]

Repealed by Act 2023, No. 365,§ 17, eff. 7/1/2023.
Amended by Act 2019, No. 189,§ 13, eff. 7/1/2020.
Added by Act 2015, No. 1010,§ 3, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 12 - YOUTH JUSTICE REFORM BOARD (§§ 9-28-1201 — 9-28-1203) › Section 9-28-1203 - Savings in state costs realized from reduction in number of secure out-of-home placements

(a)
(1)
The Division of Youth Services shall establish a method to calculate state costs saved that are realized from a reduction in the number of secure out-of-home placements.
(2)
(A)
The division shall develop a reinvestment plan to redirect savings realized from a reduction in the number of secure out-of-home placements.
(B)
The division shall complete the development of the reinvestment plan under subdivision (a)(2)(A) of this section by July 1, 2020.
(C)
The reinvestment plan developed by the division shall:
(i)
Support the legislative intent and purposes of this subchapter by redirecting savings in state costs that are realized from a reduction in the number of secure out-of-home placements;
(ii)
Describe the methods and procedures to redirect savings in state costs from a reduction in the number of secure out-of-home placements through the reallocation of resources under §
19-4-522
;
(iii)
Describe the method to calculate savings in state costs from a reduction in the number of secure out-of-home placements;
(iv)
Describe criteria to redirect savings in state costs to implement juvenile justice reform initiatives through evidence-based programs provided by community-based providers, including without limitation requirements for:
(a)
Applications;
(b)
Awards;
(c)
Performance measures; and
(d)
Monitoring processes; and
(v)
Describe the methods and procedures to be used to monitor the use of redirected savings in state costs.
(b)
The division shall include in its annual report:
(1)
A summary of the data and method used to calculate savings in state costs that are realized from the reduction in the number of secure out-of-home placements;
(2)
The total amount of savings generated from the reduction in the number of secure out-of-home placements;
(3)
The impact of reductions in secure out-of-home placements and the redirection of savings in state costs from the reduction in the number of secure out-of-home placements on public safety and outcomes for youths and families; and
(4)
The overall residential budget and present and future facility needs.
(c)
The General Assembly shall consider the summary of savings in making appropriations to the division to allow for the support and expansion of proven effective community-based alternatives to secure out-of-home placements for youths who otherwise would have been committed to the division.
Amended by Act 2019, No. 189,§ 14, eff. 7/1/2020.
Added by Act 2015, No. 1010,§ 3, eff. 7/22/2015
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 13 - PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES AND OTHER REGULATED FACILITIES (§§ 9-28-1301 — 9-28-1304) › Section 9-28-1301 - Definitions

As used in this subchapter:
(1)
"Psychiatric residential treatment facility" means the same as defined in §
9-28-402
; and
(2)
"Regulated facility" means:
(A)
A psychiatric residential treatment facility licensed under the Child Welfare Agency Licensing Act, §
9-28-401
et seq.; and
(B)
A psychiatric hospital licensed under §
20-9-201
et seq., that admits a child for the purpose of providing behavioral health treatment, regardless of whether the child is placed in an acute, subacute, or otherwise unlicensed bed.
Added by Act 2023, No. 806,§ 2, 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 13 - PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES AND OTHER REGULATED FACILITIES (§§ 9-28-1301 — 9-28-1304) › Section 9-28-1302 - Quality of care - Quality assurance reviews

(a)
The Department of Human Services shall promulgate rules setting minimum standards and metrics governing the quality of care provided by a regulated facility to a child.
(b)
Quality of care standards shall include that a regulated facility shall provide:
(1)
Trauma-informed programming and clinical services and, when applicable, evidence-based treatments;
(2)
Services that will be short-term, target treatment episodes to reduce the likelihood of re-entry into residential treatment settings;
(3)
Services that are family-driven and youth-guided;
(4)
Mental health services and clinical services provided by clinical staff as appropriate for the child's needs;
(5)
Educational services in compliance with state and federal law and rules of the Department of Education;
(6)
Coordination of all needs including medical, dental, and other needs; and
(7)
Clinical discharge planning throughout the child's stay that includes the custodian and child involvement.
(c)
(1)
The Department of Human Services and its designees may inspect and investigate the quality of care for behavioral health provided to any child admitted to a regulated facility, whether or not the child is an Arkansas resident.
(2)
The Department of Human Services or any other public agency having authority or responsibility with respect to child maltreatment, including without limitation the Medicaid Fraud Control Unit of the Attorney General's office, may investigate any alleged or suspected child maltreatment in any regulated facility.
(d)
The Department of Human Services shall conduct quality assurance reviews for each regulated facility, consisting of the following:
(1)
A review of treatment structure including without limitation:
(A)
Observation of paraprofessional and direct-care staff interaction with patients;
(B)
Review of daily activity structure outside of school and treatment;
(C)
Review of paraprofessional and direct-care staff training and personnel records;
(D)
Review of staff-to-client ratios; and
(E)
Completion of client interviews;
(2)
An analysis of referral data, statistics, and psychotropic medication prescriptions;
(3)
An on-site visit of a regulated facility's operation, to be conducted at least once per year; and
(4)
Technical assistance and ongoing quality assurance and collaboration as needed.
(e)
This subchapter does not require any additional licensure or certification for a regulated facility.
Added by Act 2023, No. 806,§ 2, 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 13 - PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES AND OTHER REGULATED FACILITIES (§§ 9-28-1301 — 9-28-1304) › Section 9-28-1304 - Rules

The Department of Human Services shall promulgate rules to implement this subchapter.
Added by Act 2023, No. 806,§ 2, 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 29 - INTERSTATE COMPACTS (§§ 9-29-101 — 9-29-401) › Subchapter 2 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (§§ 9-29-201 — 9-29-208) › Section 9-29-202 - Role of Governor - Appointment of compact administrator

As used in Article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the Governor. The Governor is authorized to appoint a compact administrator in accordance with the terms of Article VII.
Acts 1979, No. 677, § 8; A.S.A. 1947, § 83-1208
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 29 - INTERSTATE COMPACTS (§§ 9-29-101 — 9-29-401) › Subchapter 2 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (§§ 9-29-201 — 9-29-208) › Section 9-29-203 - Enforcement

(a)
The "appropriate public authorities" as used in Article III of the Interstate Compact on the Placement of Children, with reference to this state, means the Department of Human Services which shall receive and act with reference to notices required by Article III.
(b)
The department shall take appropriate action in the appropriate court as may be necessary to enforce the provisions of this compact and to ensure that the placement of any child shall be for the best interest of that child.
Acts 1979, No. 677, § 3; A.S.A. 1947, § 83-1203
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 29 - INTERSTATE COMPACTS (§§ 9-29-101 — 9-29-401) › Subchapter 2 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (§§ 9-29-201 — 9-29-208) › Section 9-29-204 - Secretary of the Department of Human Services to determine when to discharge child

As used in paragraph (a) of Article V of the Interstate Compact on the Placement of Children, the phrase "appropriate authority in the receiving state" with reference to this state means the Secretary of the Department of Human Services.
Amended by Act 2019, No. 910,§ 5145, eff. 7/1/2019.
Acts 1979, No. 677, § 4; A.S.A. 1947, § 83-1204
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 29 - INTERSTATE COMPACTS (§§ 9-29-101 — 9-29-401) › Subchapter 2 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (§§ 9-29-201 — 9-29-208) › Section 9-29-205 - Agreements with other states pursuant to the compact

The officers and agencies of this state and its subdivisions having authority to place children are empowered to enter into agreements with appropriate officers or agencies of or in other party states under paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision, or agency thereof shall not be binding unless it has the approval in writing of the Secretary of the Department of Human Services in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.
Amended by Act 2019, No. 910,§ 5146, eff. 7/1/2019.
Acts 1979, No. 677, § 5; A.S.A. 1947, § 83-1205
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 29 - INTERSTATE COMPACTS (§§ 9-29-101 — 9-29-401) › Subchapter 2 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (§§ 9-29-201 — 9-29-208) › Section 9-29-206 - Agreements concerning visitation or supervision

Any requirements for visitation, inspection or supervision of children, homes, institutions, or other agencies in another party state which may apply under this subchapter or as required by any court of record of this state shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by paragraph (b) of Article V of the Interstate Compact on the Placement of Children.
Acts 1979, No. 677, § 6; A.S.A. 1947, § 83-1206
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 29 - INTERSTATE COMPACTS (§§ 9-29-101 — 9-29-401) › Subchapter 2 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (§§ 9-29-201 — 9-29-208) › Section 9-29-207 - Courts authorized to place children in other states pursuant to this compact

Any court having jurisdiction to place delinquent children may place such a child in an institution in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof.
Acts 1979, No. 677, § 7; A.S.A. 1947, § 83-1207
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 29 - INTERSTATE COMPACTS (§§ 9-29-101 — 9-29-401) › Subchapter 2 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (§§ 9-29-201 — 9-29-208) › Section 9-29-208 - Financial responsibility for placed children

Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of Arkansas laws fixing responsibility for the support of children may also be invoked.
Acts 1979, No. 677, § 2; A.S.A. 1947, § 83-1202
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 30 - CHILD ABUSE AND NEGLECT PREVENTION ACT (§§ 9-30-101 — 9-30-109) › Section 9-30-101 - [Repealed]

Repealed by Act 2017, No. 897,§ 3, eff. 7/1/2017
Acts 1987, 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 30 - CHILD ABUSE AND NEGLECT PREVENTION ACT (§§ 9-30-101 — 9-30-109) › Section 9-30-102 - [Repealed]

Repealed by Act 2017, No. 897,§ 4, eff. 7/1/2017
Acts 1987, No. 397, § 2; 2003, No. 1224, § 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 30 - CHILD ABUSE AND NEGLECT PREVENTION ACT (§§ 9-30-101 — 9-30-109) › Section 9-30-103 - Definitions

As used in this chapter:
(1)
"Child" means a person under eighteen (18) years of age;
(2)
(A)
"Child abuse" means any nonaccidental physical injury, mental injury, sexual abuse, or sexual exploitation inflicted by those legally responsible for the care and maintenance of the child, or an injury that is at variance with the history given.
(B)
"Child abuse" encompasses both acts and omissions;
(3)
"Local council" means an organization consisting of an employee of the Department of Human Services, an employee of the Department of Health, an employee of a public secondary or elementary school, an employee of the county sheriff's office or a city police department, a citizen at large, and any other persons deemed necessary by the Department of Human Services, including, but not limited to, representatives from other groups or entities involved with child abuse and neglect or family violence;
(4)
"Neglect" means:
(A)
Failure to provide, by those legally responsible for:
(i)
The care and maintenance of the child and the proper or necessary support;
(ii)
Education, as required by law; or
(iii)
Medical, surgical, or any other care necessary for his or her well-being; or
(B)
(i)
Any maltreatment of the child.
(ii)
The term includes both acts and omissions.
(iii)
This chapter shall not be construed to mean a child is neglected or abused for the sole reason he or she is being provided treatment by spiritual means through prayer alone in accordance with the tenets or practices of a recognized church or religious denomination by a duly accredited practitioner thereof in lieu of medical or surgical treatment;
(5)
"Parenting-from-prison program" means classes or services provided to incarcerated parents at any detention or correctional facility;
(6)
(A)
"Prevention program" means a system of direct provision of child abuse and neglect primary and secondary prevention services to a child or guardian and includes research programs related to prevention of child abuse and neglect.
(B)
(i)
"Primary prevention" means programs and services designed to promote the general welfare of children and families.
(ii)
"Secondary prevention" means the identification of children who are in circumstances in which there is a high risk that abuse or neglect will occur and assistance is necessary and appropriate to prevent abuse or neglect from occurring; and
(7)
"Program for the children of prisoners" means school or community-based services provided to:
(A)
The children of individuals incarcerated in any detention or correctional facility; or
(B)
The caregivers of children of individuals incarcerated in any detention or correctional facility.
Amended by Act 2017, No. 897,§ 5, eff. 7/1/2017
Acts 1987, No. 397, § 3; 2003, No. 1224, § 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 30 - CHILD ABUSE AND NEGLECT PREVENTION ACT (§§ 9-30-101 — 9-30-109) › Section 9-30-104 - [Repealed]

Repealed by Act 2017, No. 897,§ 6, eff. 7/1/2017
Acts 1987, No. 397, §§ 4, 5; 1997, No. 250, § 54; 2005, No. 166, § 1
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 30 - CHILD ABUSE AND NEGLECT PREVENTION ACT (§§ 9-30-101 — 9-30-109) › Section 9-30-105 - Powers and duties of the Department of Human Services

(a)
The Department of Human Services shall adopt rules necessary for the implementation of this chapter.
(b)
Regarding the administration of the Children's Trust Fund, the department shall:
(1)
Promulgate rules prescribing the procedure for establishing local councils;
(2)
Provide for the coordination and exchange of information on the establishment and maintenance of local councils and prevention programs;
(3)
Develop and publicize criteria for the distribution of Children's Trust Fund money under §
9-30-106
;
(4)
Monitor the expenditure of Children's Trust Fund money by persons, groups, and entities who receive Children's Trust Fund money from the department; and
(5)
Provide statewide educational and public information seminars for the purpose of developing appropriate public awareness regarding the problems of child abuse and neglect, encourage professional persons and groups to recognize and deal with problems of child abuse and neglect, make information about the problems of child abuse and neglect available to the public and organizations and agencies that deal with problems of child abuse and neglect, and encourage the development of community prevention programs.
(c)
Regarding the administration of the One Percent to Prevent Fund, to the extent funding is appropriated and available, the department shall:
(1)
Develop and implement parenting-from-prison programs with preference given to facilities where parenting-from-prison programs exist or where community-based services are available;
(2)
Develop and implement a post-release parenting program for parents who have been recently released from a detention or correctional facility in communities that can establish a need for the services;
(3)
Develop and implement a program for the children of prisoners in communities that can establish a need for the services;
(4)
Develop and implement other services and programs as needed that prevent children of prisoners from becoming future prisoners;
(5)
Provide training, quality assurance, and technical assistance for each of the services and programs funded under the One Percent to Prevent Fund;
(6)
Provide for the evaluation by an independent source of all services and programs funded by the One Percent to Prevent Fund; and
(7)
On or before October 1 of each year, provide an annual report to the Chair of the Senate Interim Committee on Children and Youth and the Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs summarizing the evaluations of the One Percent to Prevent Fund.
(d)
The department may enter into contracts with any person, group of persons, or legal entity to fulfill the requirements of this section.
Amended by Act 2017, No. 896,§ 1, eff. 8/1/2017
Amended by Act 2017, No. 897,§ 7, eff. 7/1/2017
Amended by Act 2013, No. 528,§ 1, eff. 3/28/2013
Acts 1987, No. 397, §§ 5, 7; 2003, No. 1224, § 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 30 - CHILD ABUSE AND NEGLECT PREVENTION ACT (§§ 9-30-101 — 9-30-109) › Section 9-30-106 - Receipt of money

(a)
(1)
The Department of Human Services shall be the sole entity authorized to receive money from the United States Government, other governments, persons, or any other entities for the Children's Trust Fund and the One Percent to Prevent Fund.
(2)
The moneys received for the Children's Trust Fund and the One Percent to Prevent Fund are separate and shall be used only for the purposes provided in this chapter.
(b)
(1)
Regarding the Children's Trust Fund, the department shall not accept money or other assistance from the United States Government or any other entity or person if the acceptance would obligate the State of Arkansas, except to the extent money is available in the Children's Trust Fund subject to the expenditure limitations prescribed by this chapter for the Children's Trust Fund.
(2)
All money except money from the United States Government received in the manner described in this section shall be transmitted to the Treasurer of State for deposit into the Children's Trust Fund.
(c)
Regarding the One Percent to Prevent Fund, the department shall not accept money or other assistance from the United States Government or any other entity or person if the acceptance would obligate the State of Arkansas, except to the extent money is available in the One Percent to Prevent Fund.
Amended by Act 2017, No. 897,§ 8, eff. 7/1/2017
Acts 1987, No. 397, § 8; 1989, No. 353, § 1; 2003, No. 1224, § 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 30 - CHILD ABUSE AND NEGLECT PREVENTION ACT (§§ 9-30-101 — 9-30-109) › Section 9-30-107 - Disbursement of funds

(a)
The Department of Human Services may disburse money appropriated from the Children's Trust Fund exclusively to make grants or loans to any person, group of persons, or legal entity for the development or operation of a prevention program if at least all of the following conditions are met:
(1)
The appropriate local council has reviewed and approved the program;
(2)
The organization demonstrates an ability to match through money or in-kind services at least twenty-five percent (25%) of the amount of any Children's Trust Fund money to be disbursed to it;
(3)
The organization demonstrates a willingness and ability to provide prevention program models and consultation to organizations and communities regarding prevention program development and maintenance; and
(4)
Other conditions that the department may deem appropriate.
(b)
Disbursement of Children's Trust Fund money under subsection (a) of this section shall be kept at a minimum in furtherance of the primary purpose of the Children's Trust Fund, which is to disburse money to encourage the direct provision of services to prevent child abuse and neglect.
(c)
(1)
Except as provided in subdivision (c)(2) of this section, the department may disburse money appropriated from the One Percent to Prevent Fund exclusively to make grants to any person, group of persons, or legal entity for the development, implementation, operation, or improvement of a parenting-from-prison program, a program for the children of prisoners, or a post-release parenting program as provided in §
9-30-105(c)(2)
.
(2)
To make a grant under subdivision (c)(1) of this section, the following requirements must be met:
(A)
The department or its designee reviews and approves the program;
(B)
The person or entity applying for the grant demonstrates the academic background and evaluative experience necessary to provide program models and consultation on any of the programs under §
9-30-105(c)
; and
(C)
Other conditions that the department may deem appropriate.
Amended by Act 2017, No. 897,§ 9, eff. 7/1/2017
Acts 1987, No. 397, § 9; 2003, No. 1224, § 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 30 - CHILD ABUSE AND NEGLECT PREVENTION ACT (§§ 9-30-101 — 9-30-109) › Section 9-30-108 - Criteria for grants or loans

Regarding the Children's Trust Fund, in making grants or loans to a local council, the Department of Human Services shall consider the degree to which the local council meets the following criteria:
(1)
(A)
Has as its primary purpose the development and facilitation of a community prevention program in a specific geographical area.
(B)
The prevention programs shall utilize trained volunteers and existing community resources wherever practicable;
(2)
Does not provide direct services except on a demonstration project basis, or as a facilitator of interagency projects; and
(3)
Demonstrates a willingness and ability to provide prevention program models and consultation to organizations and communities regarding prevention program development and maintenance.
Amended by Act 2017, No. 897,§ 10, eff. 7/1/2017
Acts 1987, No. 397, § 10; 2003, No. 1224, § 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 30 - CHILD ABUSE AND NEGLECT PREVENTION ACT (§§ 9-30-101 — 9-30-109) › Section 9-30-109 - Children's Trust Fund

(a)
There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special trust fund to be known as the "Children's Trust Fund".
(b)
All county clerks in this state shall charge a fee of ten dollars ($10.00) in addition to all other fees prescribed by law for each marriage license issued, and the clerks shall transmit the ten-dollar fee to the Treasurer of State who shall deposit it into the trust fund as special revenues.
(c)
(1)
Until the balance of the trust fund reaches ten million dollars ($10,000,000), not more than eighty percent (80%) of the money credited to the trust fund during any fiscal year shall be disbursed during that fiscal year.
(2)
When the balance in the trust fund reaches ten million dollars ($10,000,000), disbursements from the trust fund shall be limited to the amount in excess of ten million dollars ($10,000,000).
(d)
The Treasurer of State shall credit to the trust fund all moneys earned on the trust fund balance.
(e)
No more than twenty percent (20%) of the revenues derived from the marriage license fees during any fiscal year shall be used to cover the administrative costs of the trust fund.
(f)
The twenty-percent limitation does not apply to capital expenditures.
Amended by Act 2017, No. 897,§ 11, eff. 7/1/2017
Acts 1987, No. 397, § 6; 1991, No. 694, § 1; 1993, No. 174, § 1; 2003, No. 1224, § 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 31 - YOUTH SERVICES (§§ 9-31-201 — 9-31-503) › Subchapter 2 - ADEPT PROGRAM (§§ 9-31-201 — 9-31-202) › Section 9-31-201 - Definitions

As used in this subchapter:
(1)
"ADEPT" means a program that provides assessment, diagnosis, evaluation, placement, and treatment services to nonadjudicated and adjudicated youths and their families using a multidiscipline approach and working in coordination with existing juvenile treatment programs; and
(2)
"Department" means the Department of Human Services.
Amended by Act 2019, No. 910,§ 5147, eff. 7/1/2019.
Acts 1994 (2nd Ex. Sess.), No. 23, § 1