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9-9-202. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-9-202. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Child” means a son or daughter, whether by birth or by adoption;
(2) “Court” means all probate divisions of circuit courts in this state, or the juvenile divisions of circuit courts when exercising jurisdiction over adoption cases pursuant to §§ 9-27-301 — 9-27-339, 9-27-340 [repealed], and 9-27-341 — 9-27-345 and, when the context requires, means the court of any other state empowered to grant petitions for adoption;
(3) “Minor” means an individual under the age of eighteen (18) years;
(4) “Adult” means any individual who is not a minor;
(5) “Agency” means any person certified, licensed, or otherwise specially empowered by law or rule to place minors for adoption;
(6) “Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;
(7) “Abandonment” means the failure of the parent to provide reasonable support and to maintain regular contact with the child 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, and failure to support or maintain regular contact with the child without just cause for a period of one (1) year shall constitute a rebuttable presumption of abandonment;
(8) “Neglect” means the failure or refusal, including acts or omissions, of a person legally responsible for the care and maintenance of a child:
(a) To prevent the abuse of the child when the person legally responsible knows or has reasonable cause to know the child is or has been abused; or
(b) To provide the necessary food, clothing, shelter, a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-9-202
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:9-9-202
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ff0100038c4a19d02ba182cbc6bf199cb2f2ae1fc1d21741c459c9424c7cf72e
Source location: content.xml paragraph 1209
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9-9-202. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Child” means a son or daughter, whether by birth or by adoption;
(2) “Court” means all probate divisions of circuit courts in this state, or the juvenile divisions of circuit courts when exercising jurisdiction over adoption cases pursuant to §§ 9-27-301 — 9-27-339, 9-27-340 [repealed], and 9-27-341 — 9-27-345 and, when the context requires, means the court of any other state empowered to grant petitions for adoption;
(3) “Minor” means an individual under the age of eighteen (18) years;
(4) “Adult” means any individual who is not a minor;
(5) “Agency” means any person certified, licensed, or otherwise specially empowered by law or rule to place minors for adoption;
(6) “Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;
(7) “Abandonment” means the failure of the parent to provide reasonable support and to maintain regular contact with the child 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, and failure to support or maintain regular contact with the child without just cause for a period of one (1) year shall constitute a rebuttable presumption of abandonment;
(8) “Neglect” means the failure or refusal, including acts or omissions, of a person legally responsible for the care and maintenance of a child:
(a) To prevent the abuse of the child when the person legally responsible knows or has reasonable cause to know the child is or has been abused; or
(b) To provide the necessary food, clothing, shelter, and education required by law, or medical treatment necessary for the child's well-being, which causes or threatens to cause the significant impairment of the child's physical, mental, or emotional health, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered or rejected, or when the child is being furnished with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized religious denomination by a duly accredited practitioner thereof in lieu of medical treatment;
(9) “Refusal to consent” means the unreasonable refusal to consent by a parent not having custody of a child to the termination of parental rights contrary to the best interest of the child;
(10) “Abuse” means any injury, sexual abuse, or sexual exploitation inflicted by a person upon a child other than by accidental means, or an injury which is at variance with the history given of it.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-301. Title.
This subchapter shall be known and may be cited as the “Arkansas Juvenile Code of 1989”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-301
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 9-27-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-339. Probation — Revocation.
(a)(1) After an adjudication of delinquency, the court may place a juvenile on probation. The conditions of probation shall be given to the juvenile in writing and shall be explained to him or her and to his or her parent, guardian, or custodian by the probation officer in the initial conference following the disposition hearing.
(2) The court shall notify the Division of Youth Services of the Department of Human Services in its commitment order of the order of probation including the juvenile's compliance with the division's aftercare plan, if provided in the treatment plan.
(b) Any violation of a condition of probation may be reported to the prosecuting attorney, who may initiate a petition in the court for revocation of probation. A petition for revocation of probation shall contain specific factual allegations constituting each violation of a condition of probation.
(c) The petition alleging violation of a condition of probation and seeking revocation of probation shall be served upon the juvenile, his or her attorney, and his or her parent, guardian, or custodian.
(d) A revocation hearing shall be set within a reasonable time after the filing of the petition, or within fourteen (14) days if the juvenile has been detained as a result of the filing of the petition for revocation.
(e) If the court finds by a preponderance of the evidence that the juvenile violated the terms and conditions of probation, the court may:
(1) Extend probation;
(2) Impose additional conditions of probation; or
(3) Make any disposition that could have been made at the time probation was imposed under § 9-27-330.
(f)(1) Nonpayment of restitution, fines, or court costs may constitute a violation of probation, unless the juvenile shows that
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-339
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 9-27-339. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-340. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-340
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 9-27-340. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-341. Termination of parental rights — Definition.
(a)(1)(A) This section shall be a remedy available only to the Department of Human Services or a court-appointed attorney ad litem.
(B) This section shall not be available for private litigants or other agencies.
(2)(A) This section shall be used only in cases in which the department is attempting to clear a juvenile for permanent placement by terminating the parental rights of a parent and putative parent based on the definition of “parent” and “putative father” under § 9-27-303.
(B) This section shall not be used to terminate the rights of a putative parent if a court of competent jurisdiction has previously determined under § 9-27-325 that the rights of the putative parent have not attached.
(3) The intent of this section is to provide permanency in a juvenile's life in all instances in which the return of a juvenile to the family home is contrary to the juvenile's health, safety, or welfare and it appears from the evidence that a return to the family home cannot be accomplished in a reasonable period of time as viewed from the juvenile's perspective.
(4) The court shall rely upon the record of the parent's compliance in the entire dependency-neglect case and evidence presented at the termination hearing in making its decision on whether it is in the best interest of the juvenile to terminate parental rights.
(b)(1)(A) The circuit court may consider a petition to terminate parental rights if the court finds that there is an appropriate permanency placement plan for the juvenile.
(B) This section does not require that a permanency planning hearing be held as a prerequisite to the filing of a petition to terminate parental rights or as a prerequisite to the court's considering a petition to terminat
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-341
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 9-27-341. This identifies an authority to review, not proof of applicability.