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9-27-365. No reunification hearing.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-365. No reunification hearing.
(a)(1)(A) Any party can file a motion for no reunification services at any time.
(B) The motion shall be provided to all parties in writing at least twenty (20) days before a scheduled hearing.
(C) The court may conduct a hearing immediately following or concurrent with an adjudication determination or at a separate hearing if proper notice has been provided.
(2) The motion shall identify sufficient facts and grounds in sufficient detail to put the defendant on notice as to the basis of the motion for no reunification services.
(3)(A) A response is not required.
(B) If a party responds, the time for response shall not be later than ten (10) days after receipt of the motion.
(b)(1) The court shall conduct and complete a no reunification hearing within fifty (50) days of the date of written notice to the defendants and shall enter an order determining whether or not reunification services shall be provided.
(2) Upon good cause shown, the hearing may be continued for an additional twenty (20) days.
(c) An order terminating reunification services on a party and ending the duty of the Department of Human Services to provide services to a party shall be based on a finding of clear and convincing evidence that:
(1) The termination of reunification services is in the child's best interest; and
(2) One (1) or more of the following grounds exist:
(A) A circuit court has determined that the parent, guardian, custodian, or noncustodial parent has subjected the child to aggravated circumstances that include:
(i) A child's being abandoned;
(ii) A child's being chronically abused;
(iii) A child's being sexually exploited;
(iv) A child's being subjected to extreme or repeated cruelty or sexual abuse;
(v) A determinat
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-365
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:9-27-365
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 683078bdc37b98312d8bcc3c8d918f95c0b3e4cbc1a454f7289379d7bc81e449
Source location: content.xml paragraph 18548
Stored source content
9-27-365. No reunification hearing.
(a)(1)(A) Any party can file a motion for no reunification services at any time.
(B) The motion shall be provided to all parties in writing at least twenty (20) days before a scheduled hearing.
(C) The court may conduct a hearing immediately following or concurrent with an adjudication determination or at a separate hearing if proper notice has been provided.
(2) The motion shall identify sufficient facts and grounds in sufficient detail to put the defendant on notice as to the basis of the motion for no reunification services.
(3)(A) A response is not required.
(B) If a party responds, the time for response shall not be later than ten (10) days after receipt of the motion.
(b)(1) The court shall conduct and complete a no reunification hearing within fifty (50) days of the date of written notice to the defendants and shall enter an order determining whether or not reunification services shall be provided.
(2) Upon good cause shown, the hearing may be continued for an additional twenty (20) days.
(c) An order terminating reunification services on a party and ending the duty of the Department of Human Services to provide services to a party shall be based on a finding of clear and convincing evidence that:
(1) The termination of reunification services is in the child's best interest; and
(2) One (1) or more of the following grounds exist:
(A) A circuit court has determined that the parent, guardian, custodian, or noncustodial parent has subjected the child to aggravated circumstances that include:
(i) A child's being abandoned;
(ii) A child's being chronically abused;
(iii) A child's being sexually exploited;
(iv) A child's being subjected to extreme or repeated cruelty or sexual abuse;
(v) A determination by a circuit judge that there is little likelihood that services to the family will result in successful reunification;
(vi) A child has been removed from the custody of the parent or guardian and placed in foster care or the custody of another person three (3) or more times in the past fifteen (15) months; or
(vii) A child's or a sibling's being neglected or abused such that the abuse or neglect could endanger the life of the child; or
(B) A circuit court has determined that the parent has:
(i) Committed murder of a child;
(ii) Committed manslaughter of a child;
(iii) Aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter;
(iv) Committed a felony battery that results in serious bodily injury to any child;
(v) Had parental rights involuntarily terminated as to a sibling of the child; or
(vi) Abandoned an infant as defined in § 9-27-303(1).
(d) Upon a determination that no reunification services shall be provided, the court shall hold a permanency planning hearing within thirty (30) days unless permanency for the juvenile has been achieved through guardianship, custody, or a petition for termination of parental rights has been filed within thirty (30) days.
(e) A written order setting forth the court's findings of fact and law shall be filed with the court, by the court, or by a party or party's attorneys as designated by the court within thirty (30) days or before the next hearing, whichever is sooner.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-303. Definitions.
As used in this subchapter:
(1) “Abandoned infant” means a juvenile less than nine (9) months of age whose parent, guardian, or custodian left the child alone or in the possession of another person without identifying information or with an expression of intent by words, actions, or omissions not to return for the infant;
(2)(A) “Abandonment” means:
(i) The failure of the parent to provide reasonable support for a juvenile and to maintain regular contact with a juvenile through statement or contact when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future;
(ii) The failure of a parent to support or maintain regular contact with a child without just cause; or
(iii) An articulated intent to forego parental responsibility.
(B) “Abandonment” does not include a situation in which a child has disrupted his or her adoption and the adoptive parent has exhausted the available resources;
(3)(A) “Abuse” means any of the following acts or omissions by a parent, guardian, custodian, foster parent, person eighteen (18) years of age or older living in the home with a child, whether related or unrelated to the child, or any person who is entrusted with the juvenile's care by a parent, guardian, custodian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, childcare facility, public or private school, or any person legally responsible for the juvenile's welfare:
(i) Extreme or repeated cruelty to a juvenile;
(ii) Engaging in conduct creating a realistic and serious threat of death, permanent or temporary disfigurement, or impairment of any bodily organ;
(iii) Injury to a juvenile's intellectual,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-303
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 9-27-303. This identifies an authority to review, not proof of applicability.