(a) (1) (A) All hearings under this subchapter shall be conducted by the judge without a jury, except as provided by the Extended Juvenile Jurisdiction Act, § 9-27-501 et seq.(B) If a juvenile is designated an extended juvenile jurisdiction offender, the juvenile shall have a right to a jury trial at the adjudication.(2) The juvenile shall be advised of the right to a jury trial by the court following a determination that the juvenile will be tried as an extended juvenile jurisdiction offender.(3) The right to a jury trial may be waived by a juvenile only after being advised of his or her rights and after consultation with the juvenile's attorney.(4) The waiver shall be in writing and signed by the juvenile and the juvenile's attorney.
(1) (A) All hearings under this subchapter shall be conducted by the judge without a jury, except as provided by the Extended Juvenile Jurisdiction Act, § 9-27-501 et seq.(B) If a juvenile is designated an extended juvenile jurisdiction offender, the juvenile shall have a right to a jury trial at the adjudication.
(A) All hearings under this subchapter shall be conducted by the judge without a jury, except as provided by the Extended Juvenile Jurisdiction Act, § 9-27-501 et seq.
(B) If a juvenile is designated an extended juvenile jurisdiction offender, the juvenile shall have a right to a jury trial at the adjudication.
(2) The juvenile shall be advised of the right to a jury trial by the court following a determination that the juvenile will be tried as an extended juvenile jurisdiction offender.
(3) The right to a jury trial may be waived by a juvenile only after being advised of his or her rights and after consultation with the juvenile's attorney.
(4) The waiver shall be in writing and signed by the juvenile and the juvenile's attorney.
(b) The juvenile is not required to file a written responsive pleading in order to be heard by the court under this subchapter.
(c) (1) At the time set for hearing under this subchapter, the court may:(A) Proceed to hear the case only if the juvenile is present or excused for good cause by the court; or(B) Continue the case upon determination that the presence of an adult defendant is necessary.(2) Upon determining that a necessary party is not present before the court, the court may:(A) Issue an order for contempt if the juvenile was served with an order to appear; or(B) Issue an order to appear, with a time and place set by the court for hearing, if the juvenile was served with a notice of hearing.
(1) At the time set for hearing under this subchapter, the court may:(A) Proceed to hear the case only if the juvenile is present or excused for good cause by the court; or(B) Continue the case upon determination that the presence of an adult defendant is necessary.
(A) Proceed to hear the case only if the juvenile is present or excused for good cause by the court; or
(B) Continue the case upon determination that the presence of an adult defendant is necessary.
(2) Upon determining that a necessary party is not present before the court, the court may:(A) Issue an order for contempt if the juvenile was served with an order to appear; or(B) Issue an order to appear, with a time and place set by the court for hearing, if the juvenile was served with a notice of hearing.
(A) Issue an order for contempt if the juvenile was served with an order to appear; or
(B) Issue an order to appear, with a time and place set by the court for hearing, if the juvenile was served with a notice of hearing.
(d) (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.
(e) (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, or juvenile 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, or juvenile 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, or juvenile 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.
(f) Except as otherwise provided in this subchapter, the Arkansas Rules of Criminal Procedure shall apply to all proceedings under this subchapter.
(g) All parties shall have the right to compel attendance of witnesses in accordance with the Arkansas Rules of Criminal Procedure.
(h) (1) The petitioner in all proceedings under this subchapter shall bear the burden of presenting the case at hearings.(2) (A) The following burdens of proof shall apply:
(1) The petitioner in all proceedings under this subchapter shall bear the burden of presenting the case at hearings.
(2) (A) The following burdens of proof shall apply:
(A) The following burdens of proof shall apply:
(i) Proof beyond a reasonable doubt in delinquency hearings;
(ii) Proof by a preponderance of the evidence in a probation revocation hearing; and
(iii) Proof by clear and convincing evidence in a transfer hearing.(i) Except as provided under § 9-27-502, in any juvenile delinquency proceeding under this subchapter in which the juvenile's fitness to proceed is put in issue by any party or the court, § 5-2-301 et seq. shall apply.
(i) Except as provided under § 9-27-502, in any juvenile delinquency proceeding under this subchapter in which the juvenile's fitness to proceed is put in issue by any party or the court, § 5-2-301 et seq. shall apply.
(j) In all proceedings under this subchapter, a juvenile is entitled to all defenses available to a criminal defendant in circuit court.
(k) (1) A court shall set a hearing to address the entry of a written order under this subchapter 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 under this subchapter 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.