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12-18-1001. Protective custody generally.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-1001. Protective custody generally.
(a) A police officer, law enforcement, a juvenile division of circuit court judge during juvenile proceedings concerning the child or a sibling of the child, or a designated employee of the Department of Human Services may take a child into custody or any person in charge of a hospital or similar institution or any physician treating a child may keep that child in his or her custody without the consent of the parent or the guardian, whether or not additional medical treatment is required, if:
(1) The child is subjected to neglect as defined under § 12-18-103(14)(B) and the department assesses the family and determines that the newborn and any other children, including siblings, under the custody or care of the mother are at substantial risk of serious harm such that the children need to be removed from the custody or care of the mother;
(2) The child is dependent as defined in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; or
(3) Circumstances or conditions of the child are such that continuing in his or her place of residence or in the care and custody of the parent, guardian, custodian, or caretaker presents an immediate danger to the health or physical well-being of the child.
(b) However, custody shall not exceed seventy-two (72) hours except in the event that the expiration of seventy-two (72) hours falls on a weekend or holiday, in which case custody may be extended to the end of the next business day following the weekend or holiday.
(c) If the department assesses the health and safety of a child and determines that there is an immediate danger to the health or physical well-being of the child in the care, custody, or control of the legal parent, guardian, or custodian, the department shall place the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-1001
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:12-18-1001
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 045c92c301b1dc755f17e29e7e766f3fd68fbdc93b013784ecd2fb1b834d66b2
Source location: content.xml paragraph 11042
Stored source content
12-18-1001. Protective custody generally.
(a) A police officer, law enforcement, a juvenile division of circuit court judge during juvenile proceedings concerning the child or a sibling of the child, or a designated employee of the Department of Human Services may take a child into custody or any person in charge of a hospital or similar institution or any physician treating a child may keep that child in his or her custody without the consent of the parent or the guardian, whether or not additional medical treatment is required, if:
(1) The child is subjected to neglect as defined under § 12-18-103(14)(B) and the department assesses the family and determines that the newborn and any other children, including siblings, under the custody or care of the mother are at substantial risk of serious harm such that the children need to be removed from the custody or care of the mother;
(2) The child is dependent as defined in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; or
(3) Circumstances or conditions of the child are such that continuing in his or her place of residence or in the care and custody of the parent, guardian, custodian, or caretaker presents an immediate danger to the health or physical well-being of the child.
(b) However, custody shall not exceed seventy-two (72) hours except in the event that the expiration of seventy-two (72) hours falls on a weekend or holiday, in which case custody may be extended to the end of the next business day following the weekend or holiday.
(c) If the department assesses the health and safety of a child and determines that there is an immediate danger to the health or physical well-being of the child in the care, custody, or control of the legal parent, guardian, or custodian, the department shall place the child into protective custody and shall not direct or allow the legal parent, guardian, or custodian to place the child in the care, custody, or control of another person.
(d)(1) If the department assesses the health and safety of a child and determines that the child cannot safely remain in the care, custody, or control of the legal parent, guardian, or custodian without the implementation of a protection plan, the department may implement a protection plan that allows the child to remain in his or her place of residence and includes services to address the safety of the child.
(2)(A) If a protection plan is implemented under subdivision (d)(1) of this section, then the department shall reassess the health and safety of the child within thirty (30) days of the date on which the protection plan was implemented.
(B) If the department determines that a substantial risk of harm to the health and safety of the child remains after a reassessment under subdivision (d)(2)(A) of this section is performed, then the department shall file a petition for dependency-neglect.
(3) This subsection does not apply if the parent, guardian, or custodian is not the alleged offender and the parent, guardian, or custodian is not alleged to have failed to protect the child.
(e) If protective custody is taken by a juvenile division circuit court judge during juvenile proceedings concerning the child or a sibling of the child, the court shall:
(1) Appoint a dependency-neglect attorney ad litem for the child or children for whom protective custody was taken; and
(2) Designate a member of the court's staff, a party to the juvenile case, or a juvenile officer to immediately provide a copy of the order of appointment and all relevant information from the juvenile case to the attorney ad litem appointed by the court.
(f) The department shall:
(1) Assume custody of every child who is taken into custody under this subchapter;
(2) Assess the health and safety of each child who is taken into custody under this subchapter to determine whether to continue or release custody of the child;
(3) Release custody of a child who is taken into custody under this subchapter if the department determines that custody is no longer required under this section; and
(4) Notify the circuit court if the department releases custody of a child whom the circuit court has taken into custody under this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-103. Definitions.
As used in this chapter:
(1)(A) “Abandonment” means:
(i) The failure of a parent to provide reasonable support and to maintain regular contact with a child through statement or contact when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future or the failure of a parent to support or maintain regular contact with a child without just cause; or
(ii) An articulated intent to forego parental responsibility.
(B) “Abandonment” does not include:
(i) Acts or omissions of a parent toward a married minor; or
(ii) A situation in which a child has disrupted his or her adoption and the adoptive parent has exhausted the available resources;
(2)(A) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child.
(B) “Abortion” does not mean the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy if done with the intent to:
(i) Save the life or preserve the health of the unborn child;
(ii) Remove a dead unborn child caused by spontaneous abortion; or
(iii) Remove an ectopic pregnancy;
(3)(A) “Abuse” means any of the following acts or omissions by a parent, guardian, custodian, foster parent, person eighteen (18) years of age or older living in the home with a child whether related or unrelated to the child, or any person who is entrusted with the child's care by a parent, guardian, cust
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-18-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-301. Title.
This subchapter shall be known and may be cited as the “Arkansas Juvenile Code of 1989”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-27-301. This identifies an authority to review, not proof of applicability.