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9-27-310. Commencement of proceedings.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-310. Commencement of proceedings.
(a) Proceedings shall be commenced by filing a petition with the circuit clerk of the circuit court or by transfer by another court.
(b)(1) The prosecuting attorney shall have sole authority to file a delinquency petition or petition for revocation of probation.
(2) Only a law enforcement officer, prosecuting attorney, the Department of Human Services or its designee, or a dependency-neglect attorney ad litem employed by or contracting with the Administrative Office of the Courts may file a dependency-neglect petition seeking ex parte emergency relief.
(3) Petitions for dependency-neglect or family in need of services may be filed by:
(A) Any adult; or
(B) Any member ten (10) years of age or older of the immediate family alleged to be in need of services.
(4) Petitions for paternity establishment may be filed by:
(A) The biological mother;
(B) A putative father;
(C) A juvenile; or
(D) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.
(c) Concurrent with filing, a copy of any petition that requests that the Department of Human Services take custody or provide family services shall be mailed to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the Department of Human Services by the petitioner.
(d)(1) A person may submit to the intake officer for investigation a complaint of acts or omissions that if substantiated would constitute delinquency.
(2) Upon substantiation, the intake officer may refer the matter to the prosecuting attorney or an appropriate agency.
(e) No fees, including, but not limited to, fees for filings, copying, or faxing, including petitions for adoption, petitions
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-310
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:9-27-310
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8c4c04b5d83ae1aaea36d78fec7ae1844b5968693744caefcf01f63303e8f9b0
Source location: content.xml paragraph 14992
Stored source content
9-27-310. Commencement of proceedings.
(a) Proceedings shall be commenced by filing a petition with the circuit clerk of the circuit court or by transfer by another court.
(b)(1) The prosecuting attorney shall have sole authority to file a delinquency petition or petition for revocation of probation.
(2) Only a law enforcement officer, prosecuting attorney, the Department of Human Services or its designee, or a dependency-neglect attorney ad litem employed by or contracting with the Administrative Office of the Courts may file a dependency-neglect petition seeking ex parte emergency relief.
(3) Petitions for dependency-neglect or family in need of services may be filed by:
(A) Any adult; or
(B) Any member ten (10) years of age or older of the immediate family alleged to be in need of services.
(4) Petitions for paternity establishment may be filed by:
(A) The biological mother;
(B) A putative father;
(C) A juvenile; or
(D) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.
(c) Concurrent with filing, a copy of any petition that requests that the Department of Human Services take custody or provide family services shall be mailed to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the Department of Human Services by the petitioner.
(d)(1) A person may submit to the intake officer for investigation a complaint of acts or omissions that if substantiated would constitute delinquency.
(2) Upon substantiation, the intake officer may refer the matter to the prosecuting attorney or an appropriate agency.
(e) No fees, including, but not limited to, fees for filings, copying, or faxing, including petitions for adoption, petitions for guardianships, summons, or subpoenas shall be charged or collected by the circuit clerk or sheriff's office in cases brought in the circuit court under this subchapter by a governmental entity or nonprofit corporation, including, but not limited to, the prosecuting attorney, an attorney ad litem appointed in a dependency-neglect case, or the Department of Human Services.
(f) If the circuit clerk's office has a fax machine, the circuit clerk, in cases commenced in the circuit court under this subchapter by a governmental entity or nonprofit corporation, including, but not limited to, the prosecuting attorney, an attorney ad litem appointed in a dependency-neglect case, or the Department of Human Services shall accept facsimile transmissions of any papers filed under this subchapter as described in Rule 5 of the Arkansas Rules of Civil Procedure.
(g) An attorney ad litem appointed under § 12-18-1001(e) shall review all relevant information from the juvenile proceeding regarding the child or children for whom protective custody was taken and shall file any pleadings that may be necessary to protect the health, safety, or welfare of the child or children.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-1001. Protective custody generally.
(a) A police officer, law enforcement, a juvenile division of circuit court judge during juvenile proceedings concerning the child or a sibling of the child, or a designated employee of the Department of Human Services may take a child into custody or any person in charge of a hospital or similar institution or any physician treating a child may keep that child in his or her custody without the consent of the parent or the guardian, whether or not additional medical treatment is required, if:
(1) The child is subjected to neglect as defined under § 12-18-103(14)(B) and the department assesses the family and determines that the newborn and any other children, including siblings, under the custody or care of the mother are at substantial risk of serious harm such that the children need to be removed from the custody or care of the mother;
(2) The child is dependent as defined in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; or
(3) Circumstances or conditions of the child are such that continuing in his or her place of residence or in the care and custody of the parent, guardian, custodian, or caretaker presents an immediate danger to the health or physical well-being of the child.
(b) However, custody shall not exceed seventy-two (72) hours except in the event that the expiration of seventy-two (72) hours falls on a weekend or holiday, in which case custody may be extended to the end of the next business day following the weekend or holiday.
(c) If the department assesses the health and safety of a child and determines that there is an immediate danger to the health or physical well-being of the child in the care, custody, or control of the legal parent, guardian, or custodian, the department shall place the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-1001
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 12-18-1001. This identifies an authority to review, not proof of applicability.