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5-26-503. Interference with custody.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-26-503. Interference with custody.
(a) A person commits the offense of interference with custody if without lawful authority he or she knowingly takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take, entice, or keep any minor from the custody of:
(1) The parent of the minor including an unmarried woman having legal custody of an illegitimate child under § 9-10-113;
(2) The guardian of the minor;
(3) A public agency having lawful charge of the minor; or
(4) Any other lawful custodian.
(b) Interference with custody is 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 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 parent, guardian, or custodian in a manner constituting interference with custody.
(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 taken into custody by the department under subsection (c) of this section pursuant to a petition brought by 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) The court shall immediately give custody to the lawful custodian if
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-26-503
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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Record provenance
Stable record: arkansas_code:legal_authorities:5-26-503
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0457a73047a3138c9645c1674df4d60ecf29c9d463d86b16d6e6424e375de107
Source location: content.xml paragraph 13082
Stored source content
5-26-503. Interference with custody.
(a) A person commits the offense of interference with custody if without lawful authority he or she knowingly takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take, entice, or keep any minor from the custody of:
(1) The parent of the minor including an unmarried woman having legal custody of an illegitimate child under § 9-10-113;
(2) The guardian of the minor;
(3) A public agency having lawful charge of the minor; or
(4) Any other lawful custodian.
(b) Interference with custody is 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 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 parent, guardian, or custodian in a manner constituting interference with custody.
(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 taken into custody by the department under subsection (c) of this section pursuant to a petition brought by 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) The court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court.
(e)(1) The department shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and the setting of a hearing on a petition filed under subsection (d) of this section.
(2) The department is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the department acted with actual malice.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-10-113. Custody of child born outside of marriage.
(a) When a child is born to an unmarried woman, legal custody of that child shall be in the woman giving birth to the child until the child reaches eighteen (18) years of age unless a court of competent jurisdiction enters an order placing the child in the custody of another party.
(b) A biological father, provided he has established paternity in a court of competent jurisdiction, may petition the circuit court in the county where the child resides for custody of the child.
(c) The court may award custody to the biological father upon a showing that:
(1) He is a fit parent to raise the child;
(2) He has assumed his responsibilities toward the child by providing care, supervision, protection, and financial support for the child; and
(3) It is in the best interest of the child to award custody to the biological father.
(d) When in the best interest of a child, visitation shall be awarded in a way that assures the frequent and continuing contact of the child with the mother and the biological father.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-10-113
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 9-10-113. 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.