Title 9 — Family Law

(a) Before a child-custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of § 9-19-108 must be given to all persons entitled to notice under the law of this state as in child-custody proceedings between residents …

(a) Except as otherwise provided in § 9-19-204, a court of this state may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state hav…

(a) A court of this state which has jurisdiction under this chapter to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more app…

(a) Except as otherwise provided in § 9-19-204 or by other law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdictio…

(a) In a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five (5) years,…

(a) In a child-custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the c…

(1) In this subchapter:(1) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination.(2) “Respondent” means a person against …

Under this subchapter a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination.

(a) A court of this state shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictio…

(a) A court of this state which does not have jurisdiction to modify a child-custody determination, may issue a temporary order enforcing:(1) a visitation schedule made by a court of another state; or(2) the visitation provisions of a child-custody determination of another state …

(a) A child-custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate circuit court in this state:(1) a letter or other document requesting registration;(2) two (…

(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child-custody determination made by a court of another state. (b) A court of this state shall recognize and enforce, but may not modify, except in accordance with…

If a proceeding for enforcement under this subchapter is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under subchapter 2 of this cha…

(a) A petition under this subchapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (b) A petition fo…

Except as otherwise provided in § 9-19-311, the petition and order must be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child.

(a) Unless the court issues a temporary emergency order pursuant to § 9-19-204, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the responden…

(a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be remo…

(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during…

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdic…

An appeal may be taken from a final order in a proceeding under this subchapter in accordance with the Supreme Court Rules of Appellate Procedure. Unless the court enters a temporary emergency order under § 9-19-204, the enforcing court may not stay an order enforcing a child-cus…

(a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecuting attorney may take any lawful action, including resort to a proceeding under this subchapter or any other available civil proceeding to…

At the request of a prosecuting attorney acting under § 9-19-315, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecuting attorney with responsibilities under § 9-19-315.

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecuting attorney and law enforcement officers under § 9-19-315 or § 9-19-316.

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter shall be known and may be cited as the “Adult Maltreatment Custody Act”.

(1) The purposes of this chapter are to:(1) Protect a maltreated adult or long-term care facility resident who is in imminent danger; and(2) Encourage the cooperation of state agencies and private providers in the service delivery system for maltreated adults. (1) Protect a maltr…

(1) As used in this chapter:(1) (A) “Abuse” means with regard to any long-term care facility resident or any person who is at the Arkansas State Hospital an act by a caregiver that falls into any of the following categories:(i) Any intentional and unnecessary physical act that in…

Nothing in this chapter implies that an endangered adult or impaired adult who is being furnished with treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner ther…

Any privilege between husband and wife or between any professional persons, except lawyer and client, including, but not limited to, physicians, members of the clergy, counselors, hospitals, clinics, rest homes, nursing homes, and their clients, shall not constitute grounds for e…

Any person, official, or institution participating in good faith in the removal of a maltreated adult pursuant to this chapter shall have immunity from liability and suit for damages, civil or criminal, that otherwise might result by reason of such actions.

(a) A written report from persons or officials required to report under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., shall be admissible in evidence in any proceeding relating to adult maltreatment or long-term care facility resident malt…

(a) (1) The probate division of circuit court shall have jurisdiction over proceedings for:(A) Custody;(B) Temporary custody for purposes of evaluation;(C) Less-than-custody;(D) Court-ordered protective services; or(E) An order of investigation under this chapter.(2) The probate …

(a) Proceedings shall be commenced by filing a petition with the clerk of the probate division of circuit court. (b) Only the Department of Human Services may file a petition seeking ex parte emergency relief. (c) No fees may be charged or collected by the clerk in cases brought …

(1) A petition shall set forth the following:(1) The name, address, and if known, the date of birth of the maltreated adult who shall be designated as the respondent;(2) The maltreated adult's current location;(3) The name and address of the maltreated adult's closest adult relat…

(a) All maltreated adults named as the respondent shall be served with a copy of the petition under the Arkansas Rules of Civil Procedure. (b) The Department of Human Services shall provide immediate notice of the date, time, and location of the probable cause hearing to:(1) The …

(a) Any adult may request voluntary protective placement under this chapter. (b) No civil rights are relinquished as a result of voluntary protective placement. (c) Procedures for hearings under this chapter shall be followed with regard to voluntary protective placement.

(a) The Department of Human Services may petition the circuit court for an order of temporary custody for the purpose of having an adult evaluated if during the course of an investigation under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq.,…

(a) The Department of Human Services or a law enforcement official may take a maltreated adult into emergency custody, or any person in charge of a hospital or similar institution or any physician treating any maltreated adult may keep the maltreated adult in custody, whether or …

(a) (1) If there is probable cause to believe that immediate emergency custody is necessary to protect a maltreated adult, the probate division of circuit court shall issue an ex parte order for emergency custody to protect the maltreated adult.(2) If there is probable cause to b…

(a) (1) Following issuance of an emergency order, the probate division of circuit court shall hold a hearing within five (5) business days to determine whether probable cause to issue the emergency order continues to exist.(2) The court may hold a probable cause hearing anywhere …

(a) (1) A hearing for long-term custody or court-ordered protective services shall be held no later than thirty (30) days after the date of the probable cause hearing or the date the order for emergency custody was signed.(2) However, the probate division of circuit court may ext…

(a) The Department of Human Services shall periodically review the case of an adult in the custody of the department, but not less often than one (1) time every six (6) months. (b) The circuit court shall review the case of an adult in the custody of the department, either formal…

(a) (1) The probate division of circuit court may enter orders as needed to identify, secure, and protect the assets of any adult in the custody of the Department of Human Services or any maltreated adult receiving court-ordered protective services from the department.(2) If the …

(a) (1) If the probate division of circuit court appoints the Department of Human Services as the legal custodian of a maltreated adult, the department shall:(A) Secure care and maintenance for the person;(B) Honor any advance directives, such as living wills, if the legal docume…

(a) Reports, correspondence, memoranda, case histories, medical records, or other materials, including protected health information, compiled or gathered by the Department of Human Services regarding a maltreated adult in the custody of the department or receiving protective serv…

(a) Regarding an individual listed in subsection (b) of this section, the Department of Human Services may:(1) Request a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations for convictions reg…

(a) (1) If a relative has reason to believe coupled with facts to substantiate his or her belief that the Department of Human Services is unreasonably interfering with or denying visitation between the relative and an endangered adult or an impaired adult as defined in § 9-20-103…

(a) The Department of Human Services shall:(1) Request court approval in accordance with § 9-20-120(b) by filing a written motion requesting court approval by the court;(2) (A) Include an affidavit from the attending physician of the respondent when the request for court approval…

This chapter may be cited as the Uniform Deployed Parents Custody and Visitation Act.

(1) In this chapter:(1) “Adult” means an individual who has attained eighteen (18) years of age or an emancipated minor.(2) “Caretaking authority” means the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to…