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9-27-314. Emergency orders.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-314. Emergency orders.
(a)(1) In a case in which there is probable cause to believe that immediate emergency custody is necessary to protect the health or physical well-being of the juvenile from immediate danger or to prevent the juvenile's removal from the state, the circuit court shall issue an ex parte order for emergency custody to remove the juvenile from the custody of the parent, guardian, or custodian and shall determine the appropriate plan for placement of the juvenile.
(2)(A) In a case in which there is probable cause to believe that an emergency order is necessary to protect the health or physical well-being of the juvenile from immediate danger, the court shall issue an ex parte order to provide specific appropriate safeguards for the protection of the juvenile.
(B) Specific appropriate safeguards shall include without limitation the authority of the circuit court to restrict a legal custodian from:
(i) Having any contact with the juvenile; or
(ii) Removing a juvenile from a placement if the:
(a) Legal custodian placed or allowed the juvenile to remain in that home for more than six (6) months; and
(b) Department of Human Services has no immediate health or physical well-being concerns with the placement.
(3) In a case in which there is probable cause to believe that a juvenile is a dependent juvenile as defined in this subchapter, the court shall issue an ex parte order for emergency custody placing custody of the dependent juvenile with the department.
(b) The emergency order shall include:
(1) Notice to all defendants and respondents named in the petition of the right to a hearing and that a hearing will be held within five (5) business days of the issuance of the ex parte order;
(2) Notice of a defendant's or respondent's rig
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-314
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:9-27-314
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: dcd47e717cd8e92387fc9a3e8640e25095649b1720483e4d335af69ffffa833f
Source location: content.xml paragraph 15190
Stored source content
9-27-314. Emergency orders.
(a)(1) In a case in which there is probable cause to believe that immediate emergency custody is necessary to protect the health or physical well-being of the juvenile from immediate danger or to prevent the juvenile's removal from the state, the circuit court shall issue an ex parte order for emergency custody to remove the juvenile from the custody of the parent, guardian, or custodian and shall determine the appropriate plan for placement of the juvenile.
(2)(A) In a case in which there is probable cause to believe that an emergency order is necessary to protect the health or physical well-being of the juvenile from immediate danger, the court shall issue an ex parte order to provide specific appropriate safeguards for the protection of the juvenile.
(B) Specific appropriate safeguards shall include without limitation the authority of the circuit court to restrict a legal custodian from:
(i) Having any contact with the juvenile; or
(ii) Removing a juvenile from a placement if the:
(a) Legal custodian placed or allowed the juvenile to remain in that home for more than six (6) months; and
(b) Department of Human Services has no immediate health or physical well-being concerns with the placement.
(3) In a case in which there is probable cause to believe that a juvenile is a dependent juvenile as defined in this subchapter, the court shall issue an ex parte order for emergency custody placing custody of the dependent juvenile with the department.
(b) The emergency order shall include:
(1) Notice to all defendants and respondents named in the petition of the right to a hearing and that a hearing will be held within five (5) business days of the issuance of the ex parte order;
(2) Notice of a defendant's or respondent's right to be represented by counsel;
(3)(A) Notice of a defendant's or respondent's right to obtain appointed counsel, if eligible, and the procedure for obtaining appointed counsel.
(B) A court shall:
(i) Appoint counsel for the parent or custodian from whom legal custody was removed in the ex parte emergency order; and
(ii) Determine eligibility at the probable cause hearing; and
(4) The address and telephone number of the circuit court and the date and time of the probable cause hearing, if known.
(c)(1) Immediate notice of the emergency order shall be given by the petitioner or by the circuit court to the:
(A) Custodial parent, noncustodial parent, guardian, or custodian of the juvenile; and
(B) Attorney ad litem who represents the juvenile respondent.
(2) The petitioner shall provide copies of any petition, affidavit, or other pleading filed with or provided to the court in conjunction with the emergency order to the provisionally appointed parent counsel under § 9-27-316(h)(6)(B) before the probable cause hearing.
(3) All defendants shall be served with the emergency order according to Rule 4 or Rule 5 of the Arkansas Rules of Civil Procedure or as otherwise provided by the court.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-316. Right to counsel.
(a)(1) In delinquency and family in need of services cases, a juvenile and his or her parent, guardian, or custodian shall be advised by the law enforcement official taking a juvenile into custody, by the intake officer at the initial intake interview, and by the court at the juvenile's first appearance before the circuit court that the juvenile has the right to be represented at all stages of the proceedings by counsel.
(2) An extended juvenile jurisdiction offender shall have a right to counsel at every stage of the proceedings, including all reviews.
(b)(1)(A) The inquiry concerning the ability of the juvenile to retain counsel shall include a consideration of the juvenile's financial resources and the financial resources of his or her family.
(B) However, the failure of the juvenile's family to retain counsel for the juvenile shall not deprive the juvenile of the right to appointed counsel if required under this section.
(2) After review by the court of an affidavit of financial means completed and verified by the parent of the juvenile and a determination by the court that the parent or juvenile has the ability to pay, the court may order financially able juveniles, parents, guardians, or custodians to pay all or part of reasonable attorney's fees and expenses for representation of a juvenile.
(3) All moneys collected by the circuit clerk under this subsection shall be retained by the clerk and deposited into a special fund to be known as the “juvenile representation fund”.
(4) The court may direct that money from this fund be used in providing counsel for juveniles under this section in delinquency or family in need of services cases and indigent parents or guardians in dependency-neglect cases as provided by subsection (h
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-316
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 9-27-316. This identifies an authority to review, not proof of applicability.