Title 9 — Family Law

(1) The following persons shall be served with a copy of the petition and either a notice of hearing or an order to appear in the manner provided by the Arkansas Rules of Civil Procedure:(1) A juvenile defendant ten (10) years of age or older;(2) Any person having care and contro…

(a) In a family in need of services case, a juvenile and his or her parent, guardian, or custodian shall be advised by the law enforcement official taking a juvenile into custody, by the juvenile intake officer at the initial intake interview, and by the court at the juvenile's f…

(a) If the prosecuting attorney, after consultation with the juvenile intake officer, determines that a diversion of a family in need of services case is in the best interest of the juvenile and the community, the juvenile intake officer with the consent of the petitioner, juveni…

(a) The defendant need not file a written responsive pleading in order to be heard by the court. (b) (1) At the time set for hearing, 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 de…

(a) An adjudication hearing shall be held to determine whether the allegations in a petition are substantiated by the proof. (b) (1) On a motion of the court or any party, the court may continue the adjudication hearing up to sixty (60) days after the removal for good cause shown…

(a) If a family is found to be in need of services, the circuit court may enter an order making any of the following dispositions:(1) (A) To order family services to rehabilitate the juvenile and his or her family.(B) (i) If the Department of Human Services is the provider for fa…

(a) At least five (5) working days before ordering the Department of Human Services, excluding community-based providers, to provide or pay for family services, the circuit court shall fax a written notice of intent to the Secretary of the Department of Human Services and to the …

(1) A juvenile who is alleged to be or who has been adjudicated either dependent-neglected or a member of a family in need of services shall not be placed or detained in a secure detention facility, in a facility utilized for the detention of alleged or adjudicated delinquent juv…

(a) (1) The court shall review every case of family in need of services when:(A) A juvenile is placed by the court in the custody of the Department of Human Services or in another out-of-home placement until there is a permanent order of custody, guardianship, or other permanent …

(a) Absent an order of a circuit court or another court of competent jurisdiction to the contrary, the biological mother, whether adult or minor, of a juvenile for whom paternity has not been established is:(1) Deemed to be the natural guardian of that juvenile; and(2) Is entitle…

All appeals from juvenile cases shall be made to the Supreme Court or to the Court of Appeals in the time and manner provided for appeals in the Arkansas Rules of Appellate Procedure.

(a) A person or agency appointed as the custodian of a juvenile in a proceeding under this subchapter shall:(1) Care for and maintain the juvenile; and(2) See that the juvenile is:(A) Protected;(B) Properly trained and educated; and(C) Has the opportunity to learn a trade, occupa…

(a) The juvenile division of the circuit court may order the following court costs, fees, and fines to be paid by adjudicated defendants to the circuit court juvenile division fund as provided under § 16-13-326:(1) The court may assess an adjudicated family in need of services co…

(1) This subchapter shall be liberally construed to the end that its purposes may be carried out to:(1) Assure that all juveniles brought to the attention of the courts receive the guidance, care, and control, preferably in each juvenile's own home when the juvenile's health and …

(a) (1) The circuit court shall have exclusive original jurisdiction of and shall be the sole court for the following proceedings governed by this subchapter, including without limitation:(A) Proceedings in which a juvenile is alleged to be dependent or dependent-neglected from b…

(a) (1) (A) Except as set forth in subdivisions (a)(2)-(4) of this section, a proceeding under this subchapter shall be commenced in the circuit court of the county in which the juvenile resides.(B) (i) No dependency-neglect proceeding shall be dismissed if a proceeding is filed …

(a) (1) Except as provided in subdivision (a)(2) of this section, all records may be closed and confidential within the discretion of the circuit court.(2) Adoption records, including any part of a dependency-neglect record that includes adoption records, shall be closed and conf…

(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 depende…

(a) The petition shall set forth the following:(1) (A) The name, address, gender, Social Security number, and date of birth of each juvenile subject of the petition.(B) A single petition for dependency-neglect shall be filed that includes all siblings who are subjects of the peti…

(a) A juvenile respondent shall be served with a copy of the petition and all other pleadings by serving the juvenile's attorney ad litem in accordance with Rule 5 of the Arkansas Rules of Civil Procedure. (b) Each adult defendant shall be served in the manner provided in the Ark…

(1) When a juvenile is taken into protective custody under § 12-18-1001, the person exercising protective custody shall:(1) (A) Notify the Department of Human Services and make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location…

(a) (1) In a case in which there is probable cause to believe that immediate emergency custody is necessary to protect the health or physical well-being of the juvenile from immediate danger or to prevent the juvenile's removal from the state, the circuit court shall issue an ex …

(a) (1) (A) The circuit court shall hold a probable cause hearing within five (5) business days of the issuance of the ex parte order to determine if probable cause to issue the emergency order continues to exist.(B) (i) The hearing shall be limited to the purpose of determining …

(a) (1) (A) The inquiry concerning the ability of the juvenile to retain counsel shall include a consideration of the juvenile's financial resources and the financial resources of his or her family.(B) However, the failure of the juvenile's family to retain counsel for the juveni…

(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 se…

(a) (1) If a proceeding is scheduled regarding a juvenile in the custody of the Department of Human Services and the juvenile has one (1) or more foster parents or preadoptive parents, the department shall provide notice to each of the juvenile's foster parents or preadoptive par…

(a) (1) The Department of Human Services shall make diligent efforts to identify putative parents in a dependency-neglect proceeding, including without limitation checking the Putative Father Registry. (1) The Department of Human Services shall make diligent efforts to identify p…

(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 ti…

(a) (1) (A) An adjudication hearing shall be held to determine whether the allegations in a petition are substantiated by the proof.(B) (i) If the court finds that the juvenile is dependent-neglected, the court shall determine whether a noncustodial parent contributed to the depe…

(a) (1) A juvenile who is alleged to be or who has been adjudicated either dependent-neglected or a member of a family in need of services shall not be placed or detained in a secure detention facility, in a facility utilized for the detention of alleged or adjudicated delinquent…

(a) Before a circuit court may order any dependent-neglected juvenile or family in need of services juvenile removed from the custody of his or her parent, guardian, or custodian and placed with the Department of Human Services or other licensed agency responsible for the care of…

(a) If the circuit court finds that the petition has been substantiated by the proof at the adjudication hearing, a disposition hearing shall be held for the court to enter orders consistent with the disposition alternatives. (b) In dependency-neglect proceedings, the disposition…

(a) If a juvenile is found to be dependent-neglected, the circuit court may enter an order making any of the following dispositions:(1) Order family services;(2) (A) If it is in the best interest of the juvenile, transfer custody of the juvenile to the Department of Human Service…

(a) (1) At least five (5) working days before ordering the Department of Human Services, excluding community-based providers, to provide or pay for family services in any case in which the department is not a party, the circuit court shall fax a written notice of intent to the Se…

(a) A juvenile who is alleged to be or who has been adjudicated either dependent-neglected or a member of a family in need of services shall not be placed or detained in a secure detention facility, in a facility utilized for the detention of alleged or adjudicated delinquent juv…

(a) (1) The court shall review every case of dependency-neglect when:(A) A juvenile is placed by the court in the custody of the Department of Human Services or in another out-of-home placement until there is a permanent order of custody, guardianship, or other permanent placemen…

(a) (1) A permanency planning hearing shall be held to finalize a permanency plan for the juvenile:(A) No later than twelve (12) months after the date the juvenile enters an out-of-home placement;(B) After a juvenile has been in an out-of-home placement for fifteen (15) of the pr…

(a) (1) (A) This section shall be a remedy available only to the Department of Human Services or a court-appointed attorney ad litem.(B) This section shall not be available for private litigants or other agencies.(2) (A) This section shall be used only in cases in which the depar…

(a) Absent orders of a circuit court or another court of competent jurisdiction to the contrary, the biological mother, whether adult or minor, of a juvenile for whom paternity has not been established is deemed to be the natural guardian of that juvenile and is entitled to the c…

(a) An appeal shall be made to the Supreme Court or to the Court of Appeals in the time and manner provided for an appeal in the Arkansas Rules of Appellate Procedure. (b) Pending an appeal from any case involving a juvenile out-of-home placement, the juvenile division of circuit…

(a) A person or agency appointed as the custodian of a juvenile in a proceeding under this subchapter shall:(1) Care for and maintain the juvenile; and(2) See that the juvenile:(A) Is protected;(B) Is properly trained and educated; and(C) Has the opportunity to learn a trade, occ…

(a) (1) The court may order progress reports from a service provider whenever a juvenile is placed out of home and in a setting other than a Department of Human Services foster home.(2) The order shall:(A) Set forth the schedule for the progress reports; and(B) Identify the servi…

(a) The court shall not specify a particular provider for placement of a foster child. (b) (1) (A) When the Department of Human Services takes custody of a juvenile under § 12-18-1001, or when the court determines that a juvenile shall be removed from his or her home under this s…

(a) A hearing shall be held to determine whether the Department of Human Services shall file a petition to terminate parental rights if:(1) A juvenile has been in an out-of-home placement for fifteen (15) continuous months, excluding trial placements and time on runaway status; a…

(a) After an order of termination of parental rights, the circuit court shall review the case following the termination hearing at least every six (6) months until permanency is achieved, and a permanency planning hearing shall be held each year following the initial permanency h…

(a) (1) Seven (7) business days before a scheduled dependency-neglect review hearing, including the fifteenth-month review hearing and any post-termination of parental rights hearing, the Department of Human Services and a court-appointed special advocate, if appointed, shall:(A)…

(a) The General Assembly finds that:(1) A juvenile in foster care should have a family for a lifetime, but too many juveniles in foster care reach the age of majority without being successfully reunited with their biological families and without the security of permanent homes;(2…

(a) (1) (A) Any party can file a motion for no reunification services at any time.(B) The motion shall be provided to all parties in writing at least twenty (20) days before a scheduled hearing.(C) The court may conduct a hearing immediately following or concurrent with an adjudi…

(a) The Department of Human Services or an attorney ad litem may file a motion to resume services for a parent whose parental rights were previously terminated under this subchapter if:(1) The child:(A) Is currently in the custody of the department;(B) Is not in an adoptive place…

(a) The Department of Human Services or an attorney ad litem may file a petition to reinstate the parental rights of a parent whose parental rights have been terminated under this subchapter if the:(1) Court has granted a motion to resume services under § 9-35-336;(2) Services ha…