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9-27-328. Removal of juvenile.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-328. Removal of juvenile.
(a) Before a circuit court may order any dependent-neglected juvenile or family in need of services juvenile removed from the custody of his or her parent, guardian, or custodian and placed with the Department of Human Services or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall order family services appropriate to prevent removal unless the health and safety of the juvenile warrant immediate removal for the protection of the juvenile.
(b) When the court orders a dependent-neglected or family in need of services juvenile removed from the custody of a parent, guardian, or custodian and placed in the custody of the department or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall make these specific findings in the order:
(1) In the initial order of removal, the court must find:
(A) Whether it is contrary to the welfare of the juvenile to remain at home;
(B) Whether the removal and the reasons for the removal of the juvenile is necessary to protect the health and safety of the juvenile; and
(C) Whether the removal is in the best interest of the juvenile; and
(2) Within sixty (60) days of removal, the court must find:
(A) Which family services were made available to the family before the removal of the juvenile;
(B) What efforts were made to provide those family services relevant to the needs of the family before the removal of the juvenile, taking into consideration whether or not the juvenile could safely remain at home while family services were provided;
(C) Why efforts made to provide the family services described did not prevent the removal of the juvenile; and
(D) Whether efforts made
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-328
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:9-27-328
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4950ead88eaf15ad993bb914ab02de27babed10c82a5652118013251f09a9ed7
Source location: content.xml paragraph 16283
Stored source content
9-27-328. Removal of juvenile.
(a) Before a circuit court may order any dependent-neglected juvenile or family in need of services juvenile removed from the custody of his or her parent, guardian, or custodian and placed with the Department of Human Services or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall order family services appropriate to prevent removal unless the health and safety of the juvenile warrant immediate removal for the protection of the juvenile.
(b) When the court orders a dependent-neglected or family in need of services juvenile removed from the custody of a parent, guardian, or custodian and placed in the custody of the department or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall make these specific findings in the order:
(1) In the initial order of removal, the court must find:
(A) Whether it is contrary to the welfare of the juvenile to remain at home;
(B) Whether the removal and the reasons for the removal of the juvenile is necessary to protect the health and safety of the juvenile; and
(C) Whether the removal is in the best interest of the juvenile; and
(2) Within sixty (60) days of removal, the court must find:
(A) Which family services were made available to the family before the removal of the juvenile;
(B) What efforts were made to provide those family services relevant to the needs of the family before the removal of the juvenile, taking into consideration whether or not the juvenile could safely remain at home while family services were provided;
(C) Why efforts made to provide the family services described did not prevent the removal of the juvenile; and
(D) Whether efforts made to prevent the removal of the juvenile were reasonable, based upon the needs of the family and the juvenile.
(c) When the state agency's first contact with the family has occurred during an emergency in which the juvenile could not safely remain at home, even with reasonable services being provided, the responsible state agency shall be deemed to have made reasonable efforts to prevent or eliminate the need for removal.
(d) When the court finds that the department's preventive or reunification efforts have not been reasonable, but further preventive or reunification efforts could not permit the juvenile to remain safely at home, the court may authorize or continue the removal of the juvenile but shall note the failure by the department in the record of the case.
(e)(1) In all instances of removal of a juvenile from the home of his or her parent, guardian, or custodian by a court, the court shall set forth in a written order:
(A) The evidence supporting the decision to remove;
(B) The facts regarding the need for removal; and
(C) The findings required by this section.
(2) The written findings and order shall be filed by the court or by a party or party's attorney as designated by the court within thirty (30) days of the date of the hearing at which removal is ordered or prior to the next hearing, whichever is sooner.
(f) Within one (1) year from the date of removal of the juvenile and annually thereafter, the court shall determine whether the department has made reasonable efforts to obtain permanency for the juvenile.
(g)(1) If the court transfers custody of a child to the department, the court shall issue an order containing the following determinations regarding the educational issues of the child and whether the parent or guardian of the child may:
(A) Have access to the child's school records;
(B) Obtain information on the current placement of the child, including the name and address of the child's foster parent or provider, if the parent or guardian has access to the child's school records; and
(C) Participate in school conferences or similar activities at the child's school.
(2) If the court transfers custody of a child to the department, the court may appoint an individual to consent to an initial evaluation of the child and serve as the child's surrogate parent under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on February 1, 2007.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”.
**(b) Omitted**
**(c) Findings** Congress finds the following:
(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because—
(A) the children did not receive appropriate educational services;
(B) the children were excluded entirely from the public school system and from being educated with their peers;
(C) undiagnosed disabilities prevented the children from having a successful educational experience; or
(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.
(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.
(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.
(5) Almost 30 years of research and experience has
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1400
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1400. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 927
TITLE 20—EDUCATION
§ 1400
Section 1393e, Pub. L. 88–210, title I, § 196, as added
Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88
Stat. 609, set forth application requirements for grants
and contracts for bilingual vocational training pro-
grams.
Section 1393f, Pub. L. 88–210, title I, § 197, as added
Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88
Stat. 609; amended Pub. L. 94–482, title V, § 501(j)(2), Oct.
12, 1976, 90 Stat. 2237, set forth criteria for approval by
Commissioner of applications for grants and contracts
for bilingual vocational training programs.
CHAPTER 33—EDUCATION OF INDIVIDUALS
WITH DISABILITIES
SUBCHAPTER I—GENERAL PROVISIONS
Sec.
1400.
Short title; findings; purposes.
1401.
Definitions.
1402.
Office of Special Education Programs.
1403.
Abrogation of State sovereign immunity.
1404.
Acquisition of equipment; construction or al-
teration of facilities.
1405.
Employment of individuals with disabilities.
1406.
Requirements for prescribing regulations.
1407.
State administration.
1408.
Paperwork reduction.
1409.
Freely associated States.
SUBCHAPTER II—ASSISTANCE FOR EDUCATION
OF ALL CHILDREN WITH DISABILITIES
1411.
Authorization; allotment; use of funds; au-
thorization of appropriations.
1412.
State eligibility.
1413.
Local educational agency eligibility.
1414.
Evaluations, eligibility determinations, indi-
vidualized education programs, and edu-
cational placements.
1415.
Procedural safeguards.
1416.
Monitoring, technical assistance, and en-
forcement.
1417.
Administration.
1418.
Program information.
1419.
Preschool grants.
SUBCHAPTER III—INFANTS AND TODDLERS WITH
DISABILITIES
1431.
Findings and policy.
1432.
Definitions.
1433.
General authority.
1434.
Eligib
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1400
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1400. This identifies an authority to review, not proof of applicability.