(a) (1) The defendant need not file a written responsive pleading in order to be heard by the court.(2) If not appointed by the court in an order provided to all parties, counsel shall file a notice of appearance immediately upon acceptance of representation, with a copy to be served on the petitioner and all parties.
(1) The defendant need not file a written responsive pleading in order to be heard by the court.
(2) If not appointed by the court in an order provided to all parties, counsel shall file a notice of appearance immediately upon acceptance of representation, with a copy to be served on the petitioner and all parties.
(b) At the time set for hearing, the court may:(1) Proceed to hear the case only if the juvenile is present or excused for good cause by the court; or(2) Continue the case upon determination that the presence of an adult defendant is necessary.
(1) Proceed to hear the case only if the juvenile is present or excused for good cause by the court; or
(2) Continue the case upon determination that the presence of an adult defendant is necessary.
(c) (1) Hearings under this subchapter shall be in a court of record.(2) A record of all proceedings shall be kept in the same manner as other proceedings of circuit court and in accordance with rules promulgated by the Supreme Court.
(1) Hearings under this subchapter shall be in a court of record.
(2) A record of all proceedings shall be kept in the same manner as other proceedings of circuit court and in accordance with rules promulgated by the Supreme Court.
(d) (1) Unless otherwise indicated, the Arkansas Rules of Evidence shall apply.(2) (A) Upon motion of any party, the court may order that the father, mother, and child submit to scientific testing for drug or alcohol abuse.(B) A written report of the test results prepared by the person conducting the test, or by a person under whose supervision or direction the test and analysis have been performed, certified by an affidavit subscribed and sworn to by him or her before a notary public, may be introduced in evidence without calling the person as a witness unless a motion challenging the test procedures or results has been filed within thirty (30) days before the hearing and bond is posted in an amount sufficient to cover the costs of the person's appearance to testify.(C) (i) If contested, documentation of the chain of custody of samples taken from a test subject shall be verified by affidavit of one (1) person's witnessing the procedure or extraction, packaging, and mailing of the sample and by one (1) person's signing for the sample at the place where the sample is subject to the testing procedure.(ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of those specimens.(D) When a court orders scientific testing for drug or alcohol abuse and one (1) of the parties refuses to submit to the scientific testing, that refusal shall be disclosed at trial and may be considered civil contempt of court.
(1) Unless otherwise indicated, the Arkansas Rules of Evidence shall apply.
(2) (A) Upon motion of any party, the court may order that the father, mother, and child submit to scientific testing for drug or alcohol abuse.(B) A written report of the test results prepared by the person conducting the test, or by a person under whose supervision or direction the test and analysis have been performed, certified by an affidavit subscribed and sworn to by him or her before a notary public, may be introduced in evidence without calling the person as a witness unless a motion challenging the test procedures or results has been filed within thirty (30) days before the hearing and bond is posted in an amount sufficient to cover the costs of the person's appearance to testify.(C) (i) If contested, documentation of the chain of custody of samples taken from a test subject shall be verified by affidavit of one (1) person's witnessing the procedure or extraction, packaging, and mailing of the sample and by one (1) person's signing for the sample at the place where the sample is subject to the testing procedure.(ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of those specimens.(D) When a court orders scientific testing for drug or alcohol abuse and one (1) of the parties refuses to submit to the scientific testing, that refusal shall be disclosed at trial and may be considered civil contempt of court.
(A) Upon motion of any party, the court may order that the father, mother, and child submit to scientific testing for drug or alcohol abuse.
(B) A written report of the test results prepared by the person conducting the test, or by a person under whose supervision or direction the test and analysis have been performed, certified by an affidavit subscribed and sworn to by him or her before a notary public, may be introduced in evidence without calling the person as a witness unless a motion challenging the test procedures or results has been filed within thirty (30) days before the hearing and bond is posted in an amount sufficient to cover the costs of the person's appearance to testify.
(C) (i) If contested, documentation of the chain of custody of samples taken from a test subject shall be verified by affidavit of one (1) person's witnessing the procedure or extraction, packaging, and mailing of the sample and by one (1) person's signing for the sample at the place where the sample is subject to the testing procedure.(ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of those specimens.
(i) If contested, documentation of the chain of custody of samples taken from a test subject shall be verified by affidavit of one (1) person's witnessing the procedure or extraction, packaging, and mailing of the sample and by one (1) person's signing for the sample at the place where the sample is subject to the testing procedure.
(ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of those specimens.
(D) When a court orders scientific testing for drug or alcohol abuse and one (1) of the parties refuses to submit to the scientific testing, that refusal shall be disclosed at trial and may be considered civil contempt of court.
(e) Except as otherwise provided in this subchapter, the Arkansas Rules of Civil Procedure shall apply to all proceedings.
(f) All parties shall have the right to compel attendance of witnesses in accordance with the Arkansas Rules of Civil Procedure.
(g) (1) The petitioner in all proceedings shall bear the burden of presenting the case at hearings.(2) (A) The following burdens of proof shall apply:(i) Proof by a preponderance of the evidence in dependency-neglect proceedings, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on January 1, 2025; and(ii) Proof by clear and convincing evidence for hearings to terminate parental rights, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on January 1, 2025, and in hearings to determine whether or not reunification services shall be provided.(B) If the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on January 1, 2025, applies, the following burdens of proof shall apply:(i) Clear and convincing evidence in probable cause, adjudication, review, and permanency planning hearings; and(ii) Beyond a reasonable doubt in termination of parental rights hearings that are subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on January 1, 2025.
(1) The petitioner in all proceedings shall bear the burden of presenting the case at hearings.
(2) (A) The following burdens of proof shall apply:(i) Proof by a preponderance of the evidence in dependency-neglect proceedings, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on January 1, 2025; and(ii) Proof by clear and convincing evidence for hearings to terminate parental rights, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on January 1, 2025, and in hearings to determine whether or not reunification services shall be provided.(B) If the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on January 1, 2025, applies, the following burdens of proof shall apply:(i) Clear and convincing evidence in probable cause, adjudication, review, and permanency planning hearings; and(ii) Beyond a reasonable doubt in termination of parental rights hearings that are subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on January 1, 2025.
(A) The following burdens of proof shall apply:(i) Proof by a preponderance of the evidence in dependency-neglect proceedings, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on January 1, 2025; and(ii) Proof by clear and convincing evidence for hearings to terminate parental rights, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on January 1, 2025, and in hearings to determine whether or not reunification services shall be provided.
(i) Proof by a preponderance of the evidence in dependency-neglect proceedings, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on January 1, 2025; and
(ii) Proof by clear and convincing evidence for hearings to terminate parental rights, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on January 1, 2025, and in hearings to determine whether or not reunification services shall be provided.
(B) If the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on January 1, 2025, applies, the following burdens of proof shall apply:(i) Clear and convincing evidence in probable cause, adjudication, review, and permanency planning hearings; and(ii) Beyond a reasonable doubt in termination of parental rights hearings that are subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on January 1, 2025.
(i) Clear and convincing evidence in probable cause, adjudication, review, and permanency planning hearings; and
(ii) Beyond a reasonable doubt in termination of parental rights hearings that are subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on January 1, 2025.
(h) (1) (A) Except as provided by this section, all hearings involving allegations and reports of child maltreatment and all hearings involving cases of children in foster care shall be closed.(B) (i) A member of the General Assembly may attend any hearing held under this subchapter, including without limitation a closed hearing, unless the court excludes the member of the General Assembly based on the: (a) Best interest of the child; or (b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.(ii) Except as otherwise provided by law, a member of the General Assembly who attends a hearing in accordance with subdivision (h)(1)(B)(i) of this section shall not disclose information obtained during his or her attendance at the hearing.(C) (i) (a) A Child Welfare Ombudsman may attend a hearing held under this subchapter, including without limitation a closed hearing.(b) However, a court may exclude the Child Welfare Ombudsman from a hearing if: (1) It is in the best interest of the child; or (2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.(ii) Unless otherwise allowed by law, the Child Welfare Ombudsman shall not disclose information that he or she obtains through his or her attendance at a hearing held under this subchapter.(D) (i) A relative, fictive kin, or individual with a connection to the family involved in a dependency-neglect proceeding may attend a hearing unless the court determines: (a) The best interest of the child requires the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to be excluded from the hearing; or (b) It is within the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence to exclude the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding from the hearing.(ii) The court shall confirm the identity of each relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to determine if the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding should be excluded from the hearing.(iii) A relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding who is permitted to attend a hearing shall not disclose any information obtained during the hearing.(E) (i) The court may allow an individual with an interest in attending a closed hearing in a dependency-neglect proceeding to attend the hearing if: (a) It is in the best interest of the child; and (b) The individual demonstrates a sincere and legitimate need to attend the hearing as determined by the court.(ii) An individual who attends a hearing in accordance with subdivision (h)(1)(E)(i) of this section shall not disclose any information obtained during the hearing.(F) An individual who discloses information in violation of subdivision (h)(1)(D)(iii) and subdivision (h)(1)(E)(ii) of this section is guilty of a Class C misdemeanor.(2) All other hearings may be closed within the discretion of the court, except that in adoption cases the hearings shall be closed as provided in the Revised Uniform Adoption Act, § 9-9-201 et seq.
(1) (A) Except as provided by this section, all hearings involving allegations and reports of child maltreatment and all hearings involving cases of children in foster care shall be closed.(B) (i) A member of the General Assembly may attend any hearing held under this subchapter, including without limitation a closed hearing, unless the court excludes the member of the General Assembly based on the: (a) Best interest of the child; or (b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.(ii) Except as otherwise provided by law, a member of the General Assembly who attends a hearing in accordance with subdivision (h)(1)(B)(i) of this section shall not disclose information obtained during his or her attendance at the hearing.(C) (i) (a) A Child Welfare Ombudsman may attend a hearing held under this subchapter, including without limitation a closed hearing.(b) However, a court may exclude the Child Welfare Ombudsman from a hearing if: (1) It is in the best interest of the child; or (2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.(ii) Unless otherwise allowed by law, the Child Welfare Ombudsman shall not disclose information that he or she obtains through his or her attendance at a hearing held under this subchapter.(D) (i) A relative, fictive kin, or individual with a connection to the family involved in a dependency-neglect proceeding may attend a hearing unless the court determines: (a) The best interest of the child requires the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to be excluded from the hearing; or (b) It is within the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence to exclude the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding from the hearing.(ii) The court shall confirm the identity of each relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to determine if the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding should be excluded from the hearing.(iii) A relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding who is permitted to attend a hearing shall not disclose any information obtained during the hearing.(E) (i) The court may allow an individual with an interest in attending a closed hearing in a dependency-neglect proceeding to attend the hearing if: (a) It is in the best interest of the child; and (b) The individual demonstrates a sincere and legitimate need to attend the hearing as determined by the court.(ii) An individual who attends a hearing in accordance with subdivision (h)(1)(E)(i) of this section shall not disclose any information obtained during the hearing.(F) An individual who discloses information in violation of subdivision (h)(1)(D)(iii) and subdivision (h)(1)(E)(ii) of this section is guilty of a Class C misdemeanor.
(A) Except as provided by this section, all hearings involving allegations and reports of child maltreatment and all hearings involving cases of children in foster care shall be closed.
(B) (i) A member of the General Assembly may attend any hearing held under this subchapter, including without limitation a closed hearing, unless the court excludes the member of the General Assembly based on the: (a) Best interest of the child; or (b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.(ii) Except as otherwise provided by law, a member of the General Assembly who attends a hearing in accordance with subdivision (h)(1)(B)(i) of this section shall not disclose information obtained during his or her attendance at the hearing.
(i) A member of the General Assembly may attend any hearing held under this subchapter, including without limitation a closed hearing, unless the court excludes the member of the General Assembly based on the: (a) Best interest of the child; or (b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.
(a) Best interest of the child; or
(b) Court's authority under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.
(ii) Except as otherwise provided by law, a member of the General Assembly who attends a hearing in accordance with subdivision (h)(1)(B)(i) of this section shall not disclose information obtained during his or her attendance at the hearing.
(C) (i) (a) A Child Welfare Ombudsman may attend a hearing held under this subchapter, including without limitation a closed hearing.(b) However, a court may exclude the Child Welfare Ombudsman from a hearing if: (1) It is in the best interest of the child; or (2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.(ii) Unless otherwise allowed by law, the Child Welfare Ombudsman shall not disclose information that he or she obtains through his or her attendance at a hearing held under this subchapter.
(i) (a) A Child Welfare Ombudsman may attend a hearing held under this subchapter, including without limitation a closed hearing.(b) However, a court may exclude the Child Welfare Ombudsman from a hearing if: (1) It is in the best interest of the child; or (2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.
(a) A Child Welfare Ombudsman may attend a hearing held under this subchapter, including without limitation a closed hearing.
(b) However, a court may exclude the Child Welfare Ombudsman from a hearing if: (1) It is in the best interest of the child; or (2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.
(1) It is in the best interest of the child; or
(2) The reason for the exclusion is based on the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence.
(ii) Unless otherwise allowed by law, the Child Welfare Ombudsman shall not disclose information that he or she obtains through his or her attendance at a hearing held under this subchapter.
(D) (i) A relative, fictive kin, or individual with a connection to the family involved in a dependency-neglect proceeding may attend a hearing unless the court determines: (a) The best interest of the child requires the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to be excluded from the hearing; or (b) It is within the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence to exclude the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding from the hearing.(ii) The court shall confirm the identity of each relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to determine if the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding should be excluded from the hearing.(iii) A relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding who is permitted to attend a hearing shall not disclose any information obtained during the hearing.
(i) A relative, fictive kin, or individual with a connection to the family involved in a dependency-neglect proceeding may attend a hearing unless the court determines: (a) The best interest of the child requires the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to be excluded from the hearing; or (b) It is within the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence to exclude the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding from the hearing.
(a) The best interest of the child requires the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to be excluded from the hearing; or
(b) It is within the authority of the court under the Arkansas Rules of Civil Procedure or the Arkansas Rules of Evidence to exclude the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding from the hearing.
(ii) The court shall confirm the identity of each relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding to determine if the relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding should be excluded from the hearing.
(iii) A relative, fictive kin, or individual with a connection to the family involved in the dependency-neglect proceeding who is permitted to attend a hearing shall not disclose any information obtained during the hearing.
(E) (i) The court may allow an individual with an interest in attending a closed hearing in a dependency-neglect proceeding to attend the hearing if: (a) It is in the best interest of the child; and (b) The individual demonstrates a sincere and legitimate need to attend the hearing as determined by the court.(ii) An individual who attends a hearing in accordance with subdivision (h)(1)(E)(i) of this section shall not disclose any information obtained during the hearing.
(i) The court may allow an individual with an interest in attending a closed hearing in a dependency-neglect proceeding to attend the hearing if: (a) It is in the best interest of the child; and (b) The individual demonstrates a sincere and legitimate need to attend the hearing as determined by the court.
(a) It is in the best interest of the child; and
(b) The individual demonstrates a sincere and legitimate need to attend the hearing as determined by the court.
(ii) An individual who attends a hearing in accordance with subdivision (h)(1)(E)(i) of this section shall not disclose any information obtained during the hearing.
(F) An individual who discloses information in violation of subdivision (h)(1)(D)(iii) and subdivision (h)(1)(E)(ii) of this section is guilty of a Class C misdemeanor.
(2) All other hearings may be closed within the discretion of the court, except that in adoption cases the hearings shall be closed as provided in the Revised Uniform Adoption Act, § 9-9-201 et seq.
(i) (1) A court shall set a hearing to address the entry of a written order if:(A) The written order is not provided to the court for entry within the time specified under this subchapter; and(B) A party files a motion for a hearing to address the entry of the written order.(2) (A) The court shall conduct a hearing to address the entry of the written order within thirty (30) days from the date on which the motion for a hearing to address the entry of the written order is filed.(B) A hearing to address the entry of a written order may be the next scheduled hearing in the proceeding if the hearing to address the entry of the written order is being held within thirty (30) days from the date on which the motion for a hearing to address the entry of the written order is filed.(C) The court is not required to conduct a hearing to address the entry of a written order if the written order is submitted to the court.(3) The court shall reassign the preparation of the written order as needed.
(1) A court shall set a hearing to address the entry of a written order if:(A) The written order is not provided to the court for entry within the time specified under this subchapter; and(B) A party files a motion for a hearing to address the entry of the written order.
(A) The written order is not provided to the court for entry within the time specified under this subchapter; and
(B) A party files a motion for a hearing to address the entry of the written order.
(2) (A) The court shall conduct a hearing to address the entry of the written order within thirty (30) days from the date on which the motion for a hearing to address the entry of the written order is filed.(B) A hearing to address the entry of a written order may be the next scheduled hearing in the proceeding if the hearing to address the entry of the written order is being held within thirty (30) days from the date on which the motion for a hearing to address the entry of the written order is filed.(C) The court is not required to conduct a hearing to address the entry of a written order if the written order is submitted to the court.
(A) The court shall conduct a hearing to address the entry of the written order within thirty (30) days from the date on which the motion for a hearing to address the entry of the written order is filed.
(B) A hearing to address the entry of a written order may be the next scheduled hearing in the proceeding if the hearing to address the entry of the written order is being held within thirty (30) days from the date on which the motion for a hearing to address the entry of the written order is filed.
(C) The court is not required to conduct a hearing to address the entry of a written order if the written order is submitted to the court.
(3) The court shall reassign the preparation of the written order as needed.