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28-74-209. Proceedings in more than one state.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-74-209. Proceedings in more than one state.
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under § 28-74-204(a)(1) or (2) or § 28-74-204(c), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under § 28-74-203, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 28-74-203 before the appointment or issuance of the order.
(2) If the court in this state does not have jurisdiction under § 28-74-203, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-74-209
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:28-74-209
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a4ae9cc9d34c3a57557b2ebc954f90130117acc30c65cd8bc4082a858c4d5e16
Source location: content.xml paragraph 14380
Stored source content
28-74-209. Proceedings in more than one state.
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under § 28-74-204(a)(1) or (2) or § 28-74-204(c), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under § 28-74-203, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 28-74-203 before the appointment or issuance of the order.
(2) If the court in this state does not have jurisdiction under § 28-74-203, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-74-203. Jurisdiction.
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) this state is the respondent's home state;
(2) on the date the petition is filed, this state is a significant-connection state and:
(A) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(B) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(i) a petition for an appointment or order is not filed in the respondent's home state;
(ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) the court in this state concludes that it is an appropriate forum under the factors set forth in § 28-74-206;
(3) this state does not have jurisdiction under either paragraph (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4) the requirements for special jurisdiction under § 28-74-204 are met.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-74-203
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. The source passage cites 28-74-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-74-204. Special jurisdiction.
(a) A court of this state lacking jurisdiction under § 28-74-203(1)-(3) has special jurisdiction to do any of the following:
(1) appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state;
(2) issue a protective order with respect to real or tangible personal property located in this state;
(3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to § 28-74-301.
(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
(c)(1) A court of this state lacking jurisdiction under § 28-74-203(1)-(3) has special jurisdiction regarding maltreated adults, as defined under § 9-20-103, when the maltreated adult is present in Arkansas or the maltreatment occurred in Arkansas and the Department of Human Services takes emergency custody of the maltreated adult or files a petition under the Adult Custody Maltreatment Act, § 9-20-101 et seq.
(2) Special jurisdiction shall continue, and any orders issued shall remain in effect until an order is obtained from a court of a state having jurisdiction over the maltreatment matter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-74-204
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 28-74-204. This identifies an authority to review, not proof of applicability.