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28-65-107. Jurisdiction of courts.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-107. Jurisdiction of courts.
(a) The jurisdiction of the circuit court over all matters of guardianship, other than guardianships ad litem in other courts, shall be exclusive, subject to the right of appeal.
(b) The provisions of this chapter shall not affect the jurisdiction of any court authorized to remove disabilities of minority.
(c)(1) If a juvenile is the subject matter of an open case filed under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the guardianship petition shall be filed in that case if the juvenile resides in Arkansas.
(2) If the juvenile resides out of state through the Interstate Compact on the Placement of Children, § 9-29-201 et seq., the guardianship petition may be filed in Arkansas or it may be filed in the state in which the juvenile resides, subject to approval by the receiving state.
(3) The Department of Human Services may intervene as a matter of right in a guardianship action at any time before the entry of a permanent guardianship order if:
(A) A guardianship action is initiated for a child or adult in the custody of the department, including a seventy-two-hour hold; and
(B) The custody of the child or adult is granted to a party seeking guardianship.
(d) The appropriate jurisdiction for an adult guardianship action, excluding proceedings under the Adult Maltreatment Custody Act, § 9-20-101 et seq., under this chapter that involve a party residing outside the state shall be determined under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, § 28-74-101 et seq.
(e) The appropriate jurisdiction for an adult guardianship action under the Adult Maltreatment Custody Act, § 9-20-101 et seq., that involves a maltreated adult residing outside the state shall be determined under the Unif
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-107
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:28-65-107
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: abc7481d91b23c0268246da619551e96c8c2776c498cc0e9e0ae27e11ff0b995
Source location: content.xml paragraph 8247
Stored source content
28-65-107. Jurisdiction of courts.
(a) The jurisdiction of the circuit court over all matters of guardianship, other than guardianships ad litem in other courts, shall be exclusive, subject to the right of appeal.
(b) The provisions of this chapter shall not affect the jurisdiction of any court authorized to remove disabilities of minority.
(c)(1) If a juvenile is the subject matter of an open case filed under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the guardianship petition shall be filed in that case if the juvenile resides in Arkansas.
(2) If the juvenile resides out of state through the Interstate Compact on the Placement of Children, § 9-29-201 et seq., the guardianship petition may be filed in Arkansas or it may be filed in the state in which the juvenile resides, subject to approval by the receiving state.
(3) The Department of Human Services may intervene as a matter of right in a guardianship action at any time before the entry of a permanent guardianship order if:
(A) A guardianship action is initiated for a child or adult in the custody of the department, including a seventy-two-hour hold; and
(B) The custody of the child or adult is granted to a party seeking guardianship.
(d) The appropriate jurisdiction for an adult guardianship action, excluding proceedings under the Adult Maltreatment Custody Act, § 9-20-101 et seq., under this chapter that involve a party residing outside the state shall be determined under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, § 28-74-101 et seq.
(e) The appropriate jurisdiction for an adult guardianship action under the Adult Maltreatment Custody Act, § 9-20-101 et seq., that involves a maltreated adult residing outside the state shall be determined under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, § 28-74-101 et seq.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-74-101. Short title.
This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-74-101
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 28-74-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-20-101. Title.
This chapter shall be known and may be cited as the “Adult Maltreatment Custody Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-20-101
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 9-20-101. 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.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-29-201. Text of Compact.
The Interstate Compact on the Placement of Children is enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
ARTICLE I Purpose and Policy
It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:
(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.
(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.
(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.
(d) Appropriate jurisdictional arrangement for the care of children will be promoted.
ARTICLE II Definitions
As used in this compact:
(a) “Child” means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control;
(b) “Sending agency” means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof, a court of a party state, a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state;
(c) “Receiving state” means the state to which a child is sent, brought or caused to be sent
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-29-201
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 9-29-201. This identifies an authority to review, not proof of applicability.