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20-49-203. Notice of hearing.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-49-203. Notice of hearing.
(a) Notice of the hearing for sterilization need not be given to any person:
(1) Who has signed the petition;
(2) Who has in writing waived notice of the hearing;
(3) Who actually appears at the hearing; or
(4) Whose existence, relationship to the alleged incompetent person, or whereabouts is unknown and cannot by the exercise of reasonable diligence be ascertained.
(b) Except as provided in subsection (a) of this section, before the court may order sterilization, notice of the hearing shall be served at least twenty (20) days before the date set for the hearing upon the following:
(1) The alleged incompetent person, if he or she is over fourteen (14) years of age;
(2) The parents of the alleged incompetent person if the alleged incompetent person is a minor;
(3) The spouse, if any, of the alleged incompetent person;
(4) Any person who is a guardian of the person alleged incompetent or any other person who has the care and custody of the alleged incompetent person;
(5) If there is neither known parent nor known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the alleged incompetent person;
(6) As directed by the court, any department, bureau, agency, institution, or political subdivision of the United States or of this state or any charitable organization which has or may be charged with the supervision, custody, control, or care of the alleged incompetent person; and
(7) Any other person designated by the court.
(c)(1) If the incompetent person is over fourteen (14) years of age, there shall be personal service upon him or her if personal service can be had.
(2) Service on others shall be had in accordance with § 28-1-112.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-49-203
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:20-49-203
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7983926df03dbf5ec62153255265d00bc57faa4d2d4455af470927055bd6f6fa
Source location: content.xml paragraph 29366
Stored source content
20-49-203. Notice of hearing.
(a) Notice of the hearing for sterilization need not be given to any person:
(1) Who has signed the petition;
(2) Who has in writing waived notice of the hearing;
(3) Who actually appears at the hearing; or
(4) Whose existence, relationship to the alleged incompetent person, or whereabouts is unknown and cannot by the exercise of reasonable diligence be ascertained.
(b) Except as provided in subsection (a) of this section, before the court may order sterilization, notice of the hearing shall be served at least twenty (20) days before the date set for the hearing upon the following:
(1) The alleged incompetent person, if he or she is over fourteen (14) years of age;
(2) The parents of the alleged incompetent person if the alleged incompetent person is a minor;
(3) The spouse, if any, of the alleged incompetent person;
(4) Any person who is a guardian of the person alleged incompetent or any other person who has the care and custody of the alleged incompetent person;
(5) If there is neither known parent nor known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the alleged incompetent person;
(6) As directed by the court, any department, bureau, agency, institution, or political subdivision of the United States or of this state or any charitable organization which has or may be charged with the supervision, custody, control, or care of the alleged incompetent person; and
(7) Any other person designated by the court.
(c)(1) If the incompetent person is over fourteen (14) years of age, there shall be personal service upon him or her if personal service can be had.
(2) Service on others shall be had in accordance with § 28-1-112.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-1-112. Notice — Service — Proof — Costs.
(a) When Notice to Be Given. Notice to interested persons need be given only when and as specifically provided for in the Probate Code or as ordered by the court. When no notice is required by the Probate Code, the court, by rule or by order in a particular case, may require such notice as it deems desirable.
(b) Kinds of Notice Required. Unless waived and except as otherwise provided by law, and subject to rule of the court or order of the court in a particular case specifying which of the following types of service shall be employed, notices required by the Probate Code may be served either:
(1) By delivering a copy personally to a person, if a natural person, and, if a corporation or a partnership, by delivering a copy to an individual upon whom civil process may be legally served in behalf of the corporation or partnership at least ten (10) days prior to the date set for the hearing;
(2) By leaving a copy at the usual place of abode of the person being served with some person over fifteen (15) years of age who is a member of his or her family, the notice to be served by an officer authorized to serve process in civil actions at least ten (10) days prior to the date set for the hearing;
(3) By registered mail, requesting a return receipt signed by addressee only, addressed to the person to be served located in the United States at his or her address stated in the petition for the hearing, to be posted by depositing in any United States Post Office in this state at least fifteen (15) days prior to the date set for the hearing;
(4)(A) By publishing one (1) time a week for two (2) consecutive weeks in a newspaper published and having a general circulation in the county, with the first day of publication to be at
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-1-112
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 28-1-112. This identifies an authority to review, not proof of applicability.