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5-26-502. Interference with court-ordered custody.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-26-502. Interference with court-ordered custody.
(a) A person commits the offense of interference with court-ordered custody if the person:
(1) Knowing that he or she has no lawful right to do so, takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor;
(2) Without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another person to take or entice, any minor or any incompetent person from the custody of:
(A) The parent of the minor or incompetent person;
(B) The guardian of the minor or incompetent person;
(C) A public agency having lawful charge of the minor or incompetent person;
(D) Any other lawful custodian; or
(E) A person described in subdivisions (a)(2)(A), (B), or (D) of this section while the custodian and minor are being housed at a shelter as defined in § 9-4-102;
(3)(A) Has been awarded custody or granted an adoption or guardianship of a juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., and subsequently places the juvenile in the care or supervision of any person:
(i) From whom the juvenile was removed; or
(ii) The court has specifically ordered not to have care, supervision, or custody of the juvenile.
(B) Subdivision (a)(3)(A) of this section shall not be construed to prohibit a placement described in subdivision (a)(3)(A) of this section if the person who has been granted custody, adoption, or guardianship obtains a court order to that effect from the juvenile division of circuit court that made the award of custody, adoption, or guardianship; or
(4) Accepts or acquiesces in taking physical custody for any length of time of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-26-502
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:5-26-502
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b571ba2af05147ad4b83bb4941ab4127d102004bf9bbebbe1576b38eb2d90974
Source location: content.xml paragraph 13032
Stored source content
5-26-502. Interference with court-ordered custody.
(a) A person commits the offense of interference with court-ordered custody if the person:
(1) Knowing that he or she has no lawful right to do so, takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor;
(2) Without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another person to take or entice, any minor or any incompetent person from the custody of:
(A) The parent of the minor or incompetent person;
(B) The guardian of the minor or incompetent person;
(C) A public agency having lawful charge of the minor or incompetent person;
(D) Any other lawful custodian; or
(E) A person described in subdivisions (a)(2)(A), (B), or (D) of this section while the custodian and minor are being housed at a shelter as defined in § 9-4-102;
(3)(A) Has been awarded custody or granted an adoption or guardianship of a juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., and subsequently places the juvenile in the care or supervision of any person:
(i) From whom the juvenile was removed; or
(ii) The court has specifically ordered not to have care, supervision, or custody of the juvenile.
(B) Subdivision (a)(3)(A) of this section shall not be construed to prohibit a placement described in subdivision (a)(3)(A) of this section if the person who has been granted custody, adoption, or guardianship obtains a court order to that effect from the juvenile division of circuit court that made the award of custody, adoption, or guardianship; or
(4) Accepts or acquiesces in taking physical custody for any length of time of a juvenile who was removed from the person or if the court has specifically ordered that the person not have care, supervision, or custody of the juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.
(b)(1)(A) Interference with court-ordered custody under subdivision (a)(1) of this section is a Class A misdemeanor.
(B) However, interference with court-ordered custody under subdivision (a)(1) of this section is a Class D felony if the minor is:
(i) Taken, enticed, or kept outside the State of Arkansas; or
(ii) Taken from any person entitled by a court decree or order to the right of custody of the minor while the custodian and minor are being housed at a shelter as defined in § 9-4-102, even if the minor is not taken outside the State of Arkansas.
(2) Interference with court-ordered custody under subdivision (a)(2) of this section is a Class C felony.
(3)(A) Interference with court-ordered custody under subdivision (a)(3) of this section is a Class A misdemeanor.
(B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(3) of this section shall constitute a Class C felony.
(4)(A) Interference with court-ordered custody under subdivision (a)(4) of this section is a Class A misdemeanor.
(B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(4) of this section shall constitute a Class C felony.
(c)(1) In every case prior to serving a warrant for arrest on a person charged with the offense of interference with court-ordered custody, the police officer or other law enforcement officer shall inform the Department of Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the custodian in a manner constituting interference with court-ordered custody or placed with a person prohibited under subdivision (a)(3) of this section.
(2) A representative of the department shall be present with the arresting police officer or law enforcement officer to take the minor into temporary custody of the department pending further proceedings by a court of competent jurisdiction.
(d)(1) A court of competent jurisdiction shall determine the immediate custodial placement of any minor pursuant to a petition brought by the department or an agency of the department to determine if there is probable cause to believe the minor may be:
(A) Removed from the jurisdiction of the court;
(B) Abandoned; or
(C) Outside the immediate care or supervision of a person lawfully entitled to custody.
(2) Except in a situation arising under subdivisions (a)(3) or (4) of this section, the court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court.
(e)(1) A petitioner shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and the setting of a hearing.
(2) The petitioner is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the petitioner acted with actual malice.
Cross-references
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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
9-27-312. Notification to defendants.
(a) In a delinquency and family-in-need-of-services case, a juvenile defendant ten (10) years of age and above, any persons having care and control of the juveniles, and all adult defendants shall be served with a copy of the petition and either a notice of hearing or order to appear in the manner provided by the Arkansas Rules of Civil Procedure.
(b) In a dependent-neglected case:
(1) 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; and
(2) Each adult defendant shall be served in the manner provided in the Arkansas Rules of Civil Procedure with a copy of the petition and either a notice of a hearing or an order to appear.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-312
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 9-27-312. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-4-102. Definitions.
As used in this chapter:
(1) “Advocate” means an employee, supervisor, or administrator of a shelter;
(2) “Commission” means the Arkansas Child Abuse/Rape/Domestic Violence Commission;
(3) “Domestic abuse” means:
(A) Physical harm, bodily injury, or assault between family or household members;
(B) The infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or
(C) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state;
(4) “Family or household members” means:
(A) Spouses;
(B) Former spouses;
(C) Parents;
(D) Children;
(E) Persons related by blood within the fourth degree of consanguinity;
(F) Persons who presently cohabit or in the past cohabited together; and
(G) Persons who presently have a child in common;
(5) “Shelter” means any entity that:
(A) Provides services including food, housing, advice, counseling, and assistance to victims of domestic abuse and their minor dependent children in this state; and
(B) Meets the program, fiscal, and training requirements of this chapter;
(6) “Victim” means any individual who:
(A) Is eighteen (18) years of age or older, is a minor who has his or her disabilities removed, or is a married individual under eighteen (18) years of age;
(B) Is the victim of domestic abuse; and
(C) Seeks services at a shelter; and
(7) “Volunteer” means any person who donates his or her time to provide services to victims at a shelter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-4-102
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 9-4-102. This identifies an authority to review, not proof of applicability.