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9-28-208. Order of commitment.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-208. Order of commitment.
(a)(1) An order of commitment to the Division of Youth Services shall state that the juvenile is found to be delinquent and shall state information regarding the underlying facts of the adjudication.
(2) No circuit court may commit a juvenile found solely in criminal contempt to the Division of Youth Services.
(3) All healthcare providers shall transmit to the Division of Youth Services all medical and health information on the committed juvenile within three (3) days from the request of the Division of Youth Services, including individually identifiable health information needed for the Division of Youth Services to assume the role of caretaker for the committed juvenile.
(4) The committed juvenile's school or current educational setting shall transmit the education record, as defined by rule of the Division of Elementary and Secondary Education, to the Division of Youth Services within ten (10) school days from the request from the Division of Youth Services.
(b)(1) Upon entry of an order of detention and commitment to a youth services center pursuant to § 9-27-330 or § 9-27-509, a court shall transmit to the Division of Youth Services:
(A) A copy of the commitment order;
(B) A copy of the validated risk assessment instrument; and
(C) Records or information pertaining to the juvenile compiled by the intake officer or juvenile probation officer that shall include:
(i) Information on the juvenile's background, history, behavioral tendencies, and family status;
(ii) The reasons for the juvenile's commitment;
(iii) The name of the school in which the juvenile is currently or was last enrolled;
(iv) The juvenile's offense history;
(v) The juvenile's placement history;
(vi) A copy of all psychological or psychiatric
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-208
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:9-28-208
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b5501653717204f2b3901fa718335eaec196a78ee4d4c04f9d454511f7537418
Source location: content.xml paragraph 20041
Stored source content
9-28-208. Order of commitment.
(a)(1) An order of commitment to the Division of Youth Services shall state that the juvenile is found to be delinquent and shall state information regarding the underlying facts of the adjudication.
(2) No circuit court may commit a juvenile found solely in criminal contempt to the Division of Youth Services.
(3) All healthcare providers shall transmit to the Division of Youth Services all medical and health information on the committed juvenile within three (3) days from the request of the Division of Youth Services, including individually identifiable health information needed for the Division of Youth Services to assume the role of caretaker for the committed juvenile.
(4) The committed juvenile's school or current educational setting shall transmit the education record, as defined by rule of the Division of Elementary and Secondary Education, to the Division of Youth Services within ten (10) school days from the request from the Division of Youth Services.
(b)(1) Upon entry of an order of detention and commitment to a youth services center pursuant to § 9-27-330 or § 9-27-509, a court shall transmit to the Division of Youth Services:
(A) A copy of the commitment order;
(B) A copy of the validated risk assessment instrument; and
(C) Records or information pertaining to the juvenile compiled by the intake officer or juvenile probation officer that shall include:
(i) Information on the juvenile's background, history, behavioral tendencies, and family status;
(ii) The reasons for the juvenile's commitment;
(iii) The name of the school in which the juvenile is currently or was last enrolled;
(iv) The juvenile's offense history;
(v) The juvenile's placement history;
(vi) A copy of all psychological or psychiatric evaluations or examinations performed on the juvenile admitted into evidence or ordered by the court while under the jurisdiction of the court or the supervision of the court staff;
(vii) A comprehensive list of all current medications taken by the juvenile; and
(viii) A comprehensive list of all medical treatment currently being provided to the juvenile.
(2) The records or information specified in subdivision (b)(1) of this section shall be delivered to the Division of Youth Services prior to or at the time the juvenile is transported to a youth services center.
(3) Information relating to the committing offense is exclusively for the benefit of the Division of Youth Services and shall not be disclosed by Division of Youth Services officials or employees without written authorization of the committing court, except for data and statistical compilations as otherwise provided by law.
(c) Except when an extended juvenile jurisdiction offender is committed to the Division of Youth Services, an order of commitment shall remain in effect for an indeterminate period not exceeding two (2) years, subject to extension by the committing court for additional periods of one (1) year if the court finds an extension is necessary to safeguard the welfare of the juvenile or the interest of the public.
(d) Commitment shall not exceed the twenty-first birthday of a juvenile.
(e) When an order of commitment includes recommendations for a specific type of placement, the Division of Youth Services shall consider those recommendations in making a placement.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-330. Disposition — Delinquency — Alternatives.
(a) If a juvenile is found to be delinquent, the circuit court may enter an order making any of the following dispositions based upon the best interest of the juvenile:
(1)(A) Transfer legal custody of the juvenile to any licensed agency responsible for the care of delinquent juveniles or to a relative or other individual.
(B)(i) Commit the juvenile to the Division of Youth Services using the validated risk assessment system for Arkansas juvenile offenders selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division and distributed and administered by the Administrative Office of the Courts.
(ii)(a) The validated risk assessment system selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division shall be:
(1) The only validated risk assessment used by courts for commitment;
(2) Used throughout the state; and
(3) Applied to all commitment decisions for all juvenile offenders.
(b) The validated risk assessment may be changed to another validated risk assessment system by the Juvenile Judges Committee of the Arkansas Judicial Council with the division.
(iii)(a) In an order of commitment, the court may recommend that a juvenile be placed in a treatment program or community-based program instead of a youth services center and shall make specific findings in support of such a placement in the order.
(b) The court shall also specify in its recommendation whether it is requesting a division aftercare plan upon the juvenile's release from the division.
(c) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense unless the:
(1) Juvenile is determined to be moderate risk or high
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-330
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 9-27-330. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-509. Division of Youth Services — Commitment of extended juvenile jurisdiction juveniles.
(a) The court has sole release authority for juveniles in extended juvenile jurisdiction proceedings.
(b) In every case in which an order of commitment has been entered pursuant to an adjudication of delinquency, the facility to which the juvenile is committed shall, within thirty (30) days of the juvenile's commitment, prepare and file with the court a treatment case plan that shall:
(1) State the treatment plan for the juvenile; and
(2) State the anticipated length of commitment of the juvenile.
(c)(1) Upon determination that the juvenile has been rehabilitated, the Division of Youth Services of the Department of Human Services may petition the court for release.
(2) The court shall conduct a hearing and shall consider the following factors in making its determination to release the juvenile from the division:
(A) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders;
(B) The nature of the offense or offenses and the manner in which they were committed;
(C) The recommendations of the professionals who have worked with the juvenile;
(D) The protection of public safety; and
(E) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation.
(3) The court shall release the juvenile upon a finding by a preponderance of the evidence that the juvenile's release does not pose a substantial threat to public safety.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-509
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 9-27-509. This identifies an authority to review, not proof of applicability.