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5-27-211. Re-homing of an adopted minor.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-27-211. Re-homing of an adopted minor.

5-27-211. Re-homing of an adopted minor. (a) As used in this section: (1) “Adopted minor” means a person who is: (A) Less than eighteen (18) years of age; and (B) The subject of an adoption decree that is valid under the law of this state or another state, or foreign or international law; and (2) “Relative” means a person within the fifth degree of consanguinity by virtue of blood or adoption. (b) A person commits the offense of re-homing of a minor if he or she knowingly engages in: (1)(A) A transaction or an action taken to facilitate a transaction through electronic means or otherwise by an adoptive parent, an individual, or an entity having custody of an adopted minor that is taken: (i) Without court approval; and (ii) Except as provided under subsection (c) of this section, to avoid permanent parental responsibility by placing the minor in the physical custody of another person or entity. (B) As used in subdivision (b)(1)(A) of this section, “transaction” includes without limitation transferring, advertising, recruiting, harboring, transporting, providing, soliciting, or obtaining a minor; (2) The selling, transferring, or arranging for the sale or transfer of a minor to another person or entity for money or anything of value or to receive a minor for money or anything of value; or (3) Assisting, aiding, abetting, or conspiring in the commission of an act described in subdivision (b)(1) or subdivision (b)(2) of this section by a person or an entity, regardless of whether money or anything of value has been promised to or received by the person or entity. (c) This section does not apply to: (1) A person who places a minor with a relative, stepparent, an agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., a li

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-27-211

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:5-27-211
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f8f4ac299cd77e897aa978e9828104992147e66b599370b02a5122d9298022d0

Source location: content.xml paragraph 13339

Stored source content

5-27-211. Re-homing of an adopted minor. (a) As used in this section: (1) “Adopted minor” means a person who is: (A) Less than eighteen (18) years of age; and (B) The subject of an adoption decree that is valid under the law of this state or another state, or foreign or international law; and (2) “Relative” means a person within the fifth degree of consanguinity by virtue of blood or adoption. (b) A person commits the offense of re-homing of a minor if he or she knowingly engages in: (1)(A) A transaction or an action taken to facilitate a transaction through electronic means or otherwise by an adoptive parent, an individual, or an entity having custody of an adopted minor that is taken: (i) Without court approval; and (ii) Except as provided under subsection (c) of this section, to avoid permanent parental responsibility by placing the minor in the physical custody of another person or entity. (B) As used in subdivision (b)(1)(A) of this section, “transaction” includes without limitation transferring, advertising, recruiting, harboring, transporting, providing, soliciting, or obtaining a minor; (2) The selling, transferring, or arranging for the sale or transfer of a minor to another person or entity for money or anything of value or to receive a minor for money or anything of value; or (3) Assisting, aiding, abetting, or conspiring in the commission of an act described in subdivision (b)(1) or subdivision (b)(2) of this section by a person or an entity, regardless of whether money or anything of value has been promised to or received by the person or entity. (c) This section does not apply to: (1) A person who places a minor with a relative, stepparent, an agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., a licensed attorney, or the Department of Human Services; (2) Placement of a minor by a licensed attorney, an agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or the Department of Human Services; (3) Temporary placement of a minor by a parent or custodian for a designated short-term period with a specified intent and time period for return of the minor if the temporary placement is due to a vacation or a school-sponsored function or activity, or the incarceration, military service, medical treatment, or incapacity of a parent or guardian; (4) Placement of a minor in accordance with the requirements of the Interstate Compact on the Placement of Children, § 9-29-201 et seq.; or (5) Relinquishment of a minor under the voluntary delivery of a child law, under § 9-34-201 et seq. (d) Re-homing of a minor is an unclassified felony with a term of imprisonment of not more than five (5) years and a fine of not more than five thousand dollars ($5,000). (e) It is not a defense to prosecution for a violation of this section that the adoptive parent solicited, advertised, or recruited through electronic means or otherwise and recruited a person that is: (1) A law enforcement officer acting within the official scope of his or her duties; and (2) Posing as a person willing to accept placement of an adopted minor.

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Arkansas Code — all titles (historical 2020) · legal_authorities

9-28-401. Short title.

9-28-401. Short title. This subchapter shall be known as the “Child Welfare Agency Licensing Act”.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-401

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 9-28-401. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

9-29-201. Text of Compact.

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.

Arkansas Code — all titles (historical 2020) · legal_authorities

9-34-201. Definitions.

9-34-201. Definitions. For purposes of this chapter: (1) “Fire department” means any organization that is staffed twenty-four (24) hours a day and established for the prevention or extinguishment of fires, including, but not limited to, fire departments organized under municipal or county ordinances, improvement districts, membership fee-based private fire departments, and volunteer fire departments; (2) “Law enforcement agency” means any police force or organization whose primary responsibility as established by law or ordinance is the enforcement of the criminal, traffic, or highway laws of this state as defined in § 12-9-301 and that is staffed twenty-four (24) hours a day; and (3) “Medical provider” means any emergency department of a hospital licensed under § 20-9-214.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-34-201

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 9-34-201. This identifies an authority to review, not proof of applicability.