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9-27-353. Duties and responsibilities of custodian.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-353. Duties and responsibilities of custodian.
(a) It shall be the duty of any person or agency appointed as the custodian of any juvenile in a proceeding under this subchapter to care for and maintain the juvenile and to see that the juvenile is protected, properly trained and educated, and has the opportunity to learn a trade, occupation, or profession.
(b)(1) The person or agency appointed as the custodian of a juvenile in a proceeding under this subchapter has the right to obtain medical care for the juvenile, including giving consent to specific medical, dental, or mental health treatments and procedures as required in the opinion of a duly authorized or licensed physician, dentist, surgeon, or psychologist, whether or not such care is rendered on an emergency, inpatient, or outpatient basis.
(2) If there is an open dependency-neglect proceeding, the custodian shall not make any of the following decisions without receiving express court approval:
(A) Consent to the removal of bodily organs, unless the procedure is necessary to save the life of the juvenile;
(B) Consent to withhold life-saving treatments;
(C) Consent to withhold life-sustaining treatments; or
(D) The amputation of any body part, unless the procedure is necessary in an emergency to save the life of the juvenile.
(c) The custodian has the right to enroll the juvenile in school upon the presentation of an order of custody.
(d) The custodian has the right to obtain medical and school records of any juvenile in his or her custody upon presentation of an order of custody.
(e) Any agency appointed as the custodian of a juvenile has the right to consent to the juvenile's travel on vacation or similar trips.
(f)(1) It shall be the duty of every person granted custody, guardianship,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-353
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:9-27-353
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 562db582883536b201b1bfa3343967d6e3d84ff6249a327ce9a0245fdfda61dc
Source location: content.xml paragraph 18111
Stored source content
9-27-353. Duties and responsibilities of custodian.
(a) It shall be the duty of any person or agency appointed as the custodian of any juvenile in a proceeding under this subchapter to care for and maintain the juvenile and to see that the juvenile is protected, properly trained and educated, and has the opportunity to learn a trade, occupation, or profession.
(b)(1) The person or agency appointed as the custodian of a juvenile in a proceeding under this subchapter has the right to obtain medical care for the juvenile, including giving consent to specific medical, dental, or mental health treatments and procedures as required in the opinion of a duly authorized or licensed physician, dentist, surgeon, or psychologist, whether or not such care is rendered on an emergency, inpatient, or outpatient basis.
(2) If there is an open dependency-neglect proceeding, the custodian shall not make any of the following decisions without receiving express court approval:
(A) Consent to the removal of bodily organs, unless the procedure is necessary to save the life of the juvenile;
(B) Consent to withhold life-saving treatments;
(C) Consent to withhold life-sustaining treatments; or
(D) The amputation of any body part, unless the procedure is necessary in an emergency to save the life of the juvenile.
(c) The custodian has the right to enroll the juvenile in school upon the presentation of an order of custody.
(d) The custodian has the right to obtain medical and school records of any juvenile in his or her custody upon presentation of an order of custody.
(e) Any agency appointed as the custodian of a juvenile has the right to consent to the juvenile's travel on vacation or similar trips.
(f)(1) It shall be the duty of every person granted custody, guardianship, or adoption of any juvenile in a proceeding under or arising out of a dependency-neglect action under this subchapter to ensure that the juvenile is not returned to the care or supervision of any person from whom the child was removed or any person the court has specifically ordered not to have care, supervision, or custody of the juvenile.
(2) This section shall not be construed to prohibit these placements if the person who has been granted custody, guardianship, or adoption obtains a court order to that effect from the juvenile division of circuit court that made the award of custody, guardianship, or adoption.
(3) Failure to abide by subdivision (f)(1) of this section is punishable as a criminal offense under § 5-26-502(a)(3).
(g) The court shall not split custody, that is, grant legal custody to one (1) person or agency and grant physical custody to another person or agency.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-26-502. Interference with court-ordered custody.
(a) A person commits the offense of interference with court-ordered custody if the person:
(1) Knowing that he or she has no lawful right to do so, takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor;
(2) Without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another person to take or entice, any minor or any incompetent person from the custody of:
(A) The parent of the minor or incompetent person;
(B) The guardian of the minor or incompetent person;
(C) A public agency having lawful charge of the minor or incompetent person;
(D) Any other lawful custodian; or
(E) A person described in subdivisions (a)(2)(A), (B), or (D) of this section while the custodian and minor are being housed at a shelter as defined in § 9-4-102;
(3)(A) Has been awarded custody or granted an adoption or guardianship of a juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., and subsequently places the juvenile in the care or supervision of any person:
(i) From whom the juvenile was removed; or
(ii) The court has specifically ordered not to have care, supervision, or custody of the juvenile.
(B) Subdivision (a)(3)(A) of this section shall not be construed to prohibit a placement described in subdivision (a)(3)(A) of this section if the person who has been granted custody, adoption, or guardianship obtains a court order to that effect from the juvenile division of circuit court that made the award of custody, adoption, or guardianship; or
(4) Accepts or acquiesces in taking physical custody for any length of time of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-26-502
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 5-26-502. This identifies an authority to review, not proof of applicability.