Commencement of proceedings

Ark. Code Ann. § 9-35-305 — under Arkansas Juvenile Code.

Ark. Code Ann. § 9-35-305

(a) A proceeding under this subchapter shall be commenced by filing a petition with the circuit clerk of the circuit court or by transfer by another court.

(b) (1) Only a law enforcement officer, prosecuting attorney, the Department of Human Services or its designee, or a dependency-neglect attorney ad litem employed by or contracting with the Administrative Office of the Courts may file a dependency-neglect petition seeking ex parte emergency relief.(2) A petition for dependency-neglect may be filed by any adult.(3) A petition for paternity establishment may be filed by:(A) The biological mother;(B) A putative father;(C) A juvenile; or(D) The Office of Child Support Enforcement.

(1) Only a law enforcement officer, prosecuting attorney, the Department of Human Services or its designee, or a dependency-neglect attorney ad litem employed by or contracting with the Administrative Office of the Courts may file a dependency-neglect petition seeking ex parte emergency relief.

(2) A petition for dependency-neglect may be filed by any adult.

(3) A petition for paternity establishment may be filed by:(A) The biological mother;(B) A putative father;(C) A juvenile; or(D) The Office of Child Support Enforcement.

(A) The biological mother;

(B) A putative father;

(C) A juvenile; or

(D) The Office of Child Support Enforcement.

(c) Concurrent with filing, a copy of any petition that requests that the Department of Human Services take custody or provide family services shall be mailed to:(1) The Secretary of the Department of Human Services; and(2) The attorney of the local Office of Chief Counsel of the Department of Human Services by the petitioner.

(1) The Secretary of the Department of Human Services; and

(2) The attorney of the local Office of Chief Counsel of the Department of Human Services by the petitioner.

(d) No fee, including without limitation a fee for filing, copying, or faxing, including petitions for adoption, petitions for guardianships, summons, or subpoenas, shall be charged or collected by the circuit clerk or sheriff's office in cases brought in the circuit court under this subchapter by a governmental entity or nonprofit corporation, including without limitation:(1) The prosecuting attorney;(2) An attorney ad litem appointed in a dependency-neglect case; or(3) The Department of Human Services.

(1) The prosecuting attorney;

(2) An attorney ad litem appointed in a dependency-neglect case; or

(3) The Department of Human Services.

(e) If the circuit clerk's office has a fax machine, the circuit clerk, in cases commenced in the circuit court under this subchapter by a governmental entity or nonprofit corporation, including without limitation the prosecuting attorney, an attorney ad litem appointed in a dependency-neglect case, or the Department of Human Services, shall accept facsimile transmissions of any papers filed under this subchapter as described in Rule 5 of the Arkansas Rules of Civil Procedure.

(f) An attorney ad litem appointed under § 12-18-1001(e) shall review all relevant information from the juvenile proceeding regarding the child or children for whom protective custody was taken and shall file any pleadings that may be necessary to protect the health, safety, or welfare of the child or children.