Browse Arkansas Code titles and sections
9-27-307. Venue.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-307. Venue.
(a)(1)(A) Except as set forth in subdivisions (a)(2)-(4) of this section, a proceeding under this subchapter shall be commenced in the circuit court of the county in which the juvenile resides.
(B)(i) No dependency-neglect proceeding shall be dismissed if a proceeding is filed in the incorrect county.
(ii) If the proceeding is filed in the incorrect county, then the dependency-neglect proceeding shall be transferred to the proper county upon discovery of the proper county of residence of the juvenile.
(2) Proceedings may be commenced in the county where the alleged act or omission occurred in any of the following:
(A) Nonsupport after establishment of paternity;
(B) Delinquency; or
(C) Dependency-neglect.
(3) Proceedings under the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq., shall be commenced in the court provided by the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq.
(4) Adoptions and guardianships may be filed in a juvenile court that has previously asserted continuing jurisdiction of the juvenile.
(5) Juvenile proceedings shall comply with § 16-13-210, except detention hearings under § 9-27-326 and probable cause hearings under § 9-27-315.
(b)(1) Following adjudication, the court may on its own motion or on motion of any party transfer the case to the county of the juvenile's residence when the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq., do not apply.
(2) The court shall not transfer any case to another judicial district prior to adjudication, excluding matters filed in the incorrect venue, or any case in which a petition to terminate parental rights has been filed unless the court has taken final action on the petition
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-307
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:9-27-307
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3f1dd50b261a295f595d67bed420352a897ead3a88f30e9a78b90c8104e3c6bd
Source location: content.xml paragraph 14835
Stored source content
9-27-307. Venue.
(a)(1)(A) Except as set forth in subdivisions (a)(2)-(4) of this section, a proceeding under this subchapter shall be commenced in the circuit court of the county in which the juvenile resides.
(B)(i) No dependency-neglect proceeding shall be dismissed if a proceeding is filed in the incorrect county.
(ii) If the proceeding is filed in the incorrect county, then the dependency-neglect proceeding shall be transferred to the proper county upon discovery of the proper county of residence of the juvenile.
(2) Proceedings may be commenced in the county where the alleged act or omission occurred in any of the following:
(A) Nonsupport after establishment of paternity;
(B) Delinquency; or
(C) Dependency-neglect.
(3) Proceedings under the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq., shall be commenced in the court provided by the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq.
(4) Adoptions and guardianships may be filed in a juvenile court that has previously asserted continuing jurisdiction of the juvenile.
(5) Juvenile proceedings shall comply with § 16-13-210, except detention hearings under § 9-27-326 and probable cause hearings under § 9-27-315.
(b)(1) Following adjudication, the court may on its own motion or on motion of any party transfer the case to the county of the juvenile's residence when the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq., do not apply.
(2) The court shall not transfer any case to another judicial district prior to adjudication, excluding matters filed in the incorrect venue, or any case in which a petition to terminate parental rights has been filed unless the court has taken final action on the petition.
(c)(1) Prior to transferring a case to another venue, the court shall contact the judge in the other venue to confirm that the judge in the other venue will accept the transfer.
(2)(A) Upon confirmation that the judge will accept the transfer of venue, the transferring judge shall enter the transfer order. The transfer order shall:
(i) Indicate that the judge has accepted the transfer;
(ii) State the location of the court in the new venue; and
(iii) Set the time and date of the next hearing.
(B) The transfer order shall be:
(i) Provided to all parties and attorneys to the case; and
(ii) Transmitted immediately to the judge accepting the transfer.
(3) The transferring court shall also ensure that all court records are copied and sent to the judge in the new venue.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-13-210. Circuit judge may hear and adjudicate causes pending in the circuit.
(a)(1) Any circuit judge of this state, at any time while mentally and physically competent and physically present in the geographical area of the judicial circuit which he or she serves as judge, may hear, adjudicate, or render any appropriate order with respect to any cause or matter pending in any circuit court over which he or she presides, subject to such notice of the time, place, and nature of the hearing being given as may be required by law or by rule or order of the court.
(2) However, no contested case may be tried outside the county of the venue of the case, except upon the agreement of the parties interested.
(b) A circuit judge assigned to a cause or matter, either by regular docket assignment or by Supreme Court order, may render or sign orders in that cause or matter in a geographical location other than the judicial circuit in which the cause or matter is pending.
(c) A retired circuit judge, chancellor, or circuit-chancery judge assigned to a cause or matter by Supreme Court order may render or sign orders in that cause or matter in a geographical location other than the judicial circuit in which the cause or matter is pending.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-13-210
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 16-13-210. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-19-101. Short title.
This chapter may be cited as the “Uniform Child-Custody Jurisdiction and Enforcement Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-19-101
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 9-19-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-315. Probable cause hearing.
(a)(1)(A) Following the issuance of an emergency order, the circuit court shall hold a probable cause hearing within five (5) business days of the issuance of the ex parte order to determine if probable cause to issue the emergency order continues to exist.
(B)(i) The hearing shall be limited to the purpose of determining whether probable cause existed to protect the juvenile and to determine whether probable cause still exists to protect the juvenile.
(ii) However, the issues as to custody and delivery of services may be considered by the court and appropriate orders for custody and delivery of services entered by the court.
(iii) If the defendant stipulates that probable cause exists, the only evidence that is presented at the probable cause hearing shall be:
(a) Evidence pertaining to visitation; and
(b) Evidence pertaining to services delivered to the family.
(iv) A parent shall not be compelled to testify under any circumstances.
(v) For the sole purpose of the probable cause hearing, the stipulation of a parent that probable cause exists shall also serve as a stipulation to the introduction of the affidavit of the plaintiff.
(2)(A) All other issues, with the exception of custody and services, shall be reserved for hearing by the court at the adjudication hearing, which shall be a separate hearing conducted subsequent to the probable cause hearing.
(B) By agreement of the parties and with the court's approval, the adjudication hearing may be conducted at any time after the probable cause hearing, subject to § 9-27-327(a)(2).
(b) The petitioner shall have the burden of proof by a preponderance of evidence that probable cause exists for continuation of the emergency order.
(c) If the court determines that the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-315
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 9-27-315. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-326. Detention hearing.
(a) If a juvenile is taken into custody on an allegation of delinquency, violation of Division of Youth Services of the Department of Human Services aftercare, violation of probation, or violation of a court order and not released by the law enforcement officer or intake officer, a detention hearing shall be held as soon as possible but no later than seventy-two (72) hours after the juvenile was taken into custody or, if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day. Otherwise, the juvenile shall be released.
(b) Prior written notice of the time, place, and purpose of the detention hearing shall be given to:
(1) The juvenile;
(2) The juvenile's attorney; and
(3)(A) The juvenile's parent, guardian, or custodian.
(B) However, if the court finds after a reasonable, diligent effort that the petitioner was unable to notify the parent, guardian, or custodian, the hearing may proceed without notice to that party.
(c) The petitioner shall have the burden of proof by clear and convincing evidence that the restraint on the juvenile's liberty is necessary and that no less restrictive alternative will reduce the risk of flight, or of serious harm to property, or to the physical safety of the juvenile or others.
(d) During the detention hearing, the court shall:
(1) Inform the juvenile:
(A) Of the reasons continued detention is being sought;
(B) That he or she is not required to say anything, and that anything he or she says may be used against him or her;
(C) That he or she has a right to counsel; and
(D) That before the hearing proceeds further he or she has the right to communicate with his or her attorney, parent, guardian, or custodian, and that reasonable means will be provided
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-326
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 9-27-326. This identifies an authority to review, not proof of applicability.