Family time

Ark. Code Ann. § 9-35-315 — under Arkansas Juvenile Code.

Ark. Code Ann. § 9-35-315

(a) (1) Unsupervised family time may occur between a juvenile and a parent if:(A) The court determines that the health and safety of the juvenile can be adequately protected; and(B) It is in the best interest of the child.(2) Unless the court has restricted unsupervised family time, the Department of Human Services may allow unsupervised family time between a juvenile and a parent at any time.

(1) Unsupervised family time may occur between a juvenile and a parent if:(A) The court determines that the health and safety of the juvenile can be adequately protected; and(B) It is in the best interest of the child.

(A) The court determines that the health and safety of the juvenile can be adequately protected; and

(B) It is in the best interest of the child.

(2) Unless the court has restricted unsupervised family time, the Department of Human Services may allow unsupervised family time between a juvenile and a parent at any time.

(b) (1) The petitioner has the burden of proving at every hearing that unsupervised family time is not in the best interest of a child.(2) If the court determines that unsupervised family time between a juvenile and a parent is not in the best interest of the child, family time between the juvenile and the parent shall be supervised.

(1) The petitioner has the burden of proving at every hearing that unsupervised family time is not in the best interest of a child.

(2) If the court determines that unsupervised family time between a juvenile and a parent is not in the best interest of the child, family time between the juvenile and the parent shall be supervised.

(c) (1) A rebuttable presumption that unsupervised family time is in the best interest of the juvenile applies at every hearing.(2) The burden of proof to rebut the presumption in subdivision (c)(1) of this section is proof by a preponderance of the evidence.

(1) A rebuttable presumption that unsupervised family time is in the best interest of the juvenile applies at every hearing.

(2) The burden of proof to rebut the presumption in subdivision (c)(1) of this section is proof by a preponderance of the evidence.

(d) The court may consider the preferences of the juvenile regarding family time if the juvenile is of a sufficient age and capacity to reason, regardless of the juvenile's chronological age.

(e) (1) If the court orders supervised family time, the parent from whom custody of the juvenile has been removed shall receive a minimum of four (4) hours of supervised family time per week.(2) The court may order less than four (4) hours of supervised family time if the court determines that the supervised family time:(A) Is not in the best interest of the juvenile; or(B) Will impose an extreme hardship on one (1) of the parties.

(1) If the court orders supervised family time, the parent from whom custody of the juvenile has been removed shall receive a minimum of four (4) hours of supervised family time per week.

(2) The court may order less than four (4) hours of supervised family time if the court determines that the supervised family time:(A) Is not in the best interest of the juvenile; or(B) Will impose an extreme hardship on one (1) of the parties.

(A) Is not in the best interest of the juvenile; or

(B) Will impose an extreme hardship on one (1) of the parties.

(f) (1) A parent testing positive for a drug on a drug test is an insufficient reason to deny the parent family time with the juvenile if the court has ordered family time between the parent and a juvenile.(2) Family time that was ordered by the court may be canceled if, at the time that family time between the parent and a juvenile occurs, the parent:(A) Is under the influence of drugs or alcohol;(B) Exhibits behavior that may create an unsafe environment for a juvenile; or(C) Appears to be actively impaired.

(1) A parent testing positive for a drug on a drug test is an insufficient reason to deny the parent family time with the juvenile if the court has ordered family time between the parent and a juvenile.

(2) Family time that was ordered by the court may be canceled if, at the time that family time between the parent and a juvenile occurs, the parent:(A) Is under the influence of drugs or alcohol;(B) Exhibits behavior that may create an unsafe environment for a juvenile; or(C) Appears to be actively impaired.

(A) Is under the influence of drugs or alcohol;

(B) Exhibits behavior that may create an unsafe environment for a juvenile; or

(C) Appears to be actively impaired.

(g) A relative or fictive kin may transport a juvenile to and from family time with a parent if:(1) It is in the best interest of a child;(2) The relative or fictive kin submits to a:(A) Background check; and(B) Child Maltreatment Central Registry check; and(3) The relative or fictive kin meets the driving requirements established by the department.

(1) It is in the best interest of a child;

(2) The relative or fictive kin submits to a:(A) Background check; and(B) Child Maltreatment Central Registry check; and

(A) Background check; and

(B) Child Maltreatment Central Registry check; and

(3) The relative or fictive kin meets the driving requirements established by the department.