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9-9-702. Fast-tracked adoption of Garrett's Law babies — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-9-702. Fast-tracked adoption of Garrett's Law babies — Definition.
(a) As used in this section, “newborn” means an infant who is thirty (30) days of age or younger.
(b) If a report of neglect under § 12-18-103(14)(B) is made to the Child Abuse Hotline, the mother has the option to place the newborn for:
(1) Adoption through a licensed child placement agency as defined in § 9-28-402(7); or
(2) A private adoption with a person licensed to practice medicine or law.
(c) If a newborn is taken into the custody of the Department of Human Services as the result of a call to the hotline of neglect under § 12-18-103(14)(B), the mother has the option to place the newborn for:
(1) Adoption through a licensed child placement agency under § 9-28-402(7); or
(2) A private adoption with a person licensed to practice medicine or law.
(d)(1)(A) If the proposed adoptive family has not completed the adoptive home study process, including the required criminal background check, the newborn shall be placed in a foster home that is licensed and approved under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or in the custody of the department.
(B) The newborn shall remain in a licensed or approved foster home or in the custody of the department until the required home study and criminal background checks are completed on the proposed adoptive parents.
(2) If the newborn is in the custody of the department, an order transferring custody to the proposed adoptive parents is required before the newborn is placed in the home of the proposed adoptive parents.
(3) If the newborn is in the custody of the department, any petition for adoption shall be filed in the open dependency-neglect case.
(4) The adoption shall be granted only if the proposed adoptive placement
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-9-702
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:9-9-702
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1323c546138e84bdd69874768ccf07e477e3a1f1324ac45388e993d00c62a274
Source location: content.xml paragraph 2562
Stored source content
9-9-702. Fast-tracked adoption of Garrett's Law babies — Definition.
(a) As used in this section, “newborn” means an infant who is thirty (30) days of age or younger.
(b) If a report of neglect under § 12-18-103(14)(B) is made to the Child Abuse Hotline, the mother has the option to place the newborn for:
(1) Adoption through a licensed child placement agency as defined in § 9-28-402(7); or
(2) A private adoption with a person licensed to practice medicine or law.
(c) If a newborn is taken into the custody of the Department of Human Services as the result of a call to the hotline of neglect under § 12-18-103(14)(B), the mother has the option to place the newborn for:
(1) Adoption through a licensed child placement agency under § 9-28-402(7); or
(2) A private adoption with a person licensed to practice medicine or law.
(d)(1)(A) If the proposed adoptive family has not completed the adoptive home study process, including the required criminal background check, the newborn shall be placed in a foster home that is licensed and approved under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or in the custody of the department.
(B) The newborn shall remain in a licensed or approved foster home or in the custody of the department until the required home study and criminal background checks are completed on the proposed adoptive parents.
(2) If the newborn is in the custody of the department, an order transferring custody to the proposed adoptive parents is required before the newborn is placed in the home of the proposed adoptive parents.
(3) If the newborn is in the custody of the department, any petition for adoption shall be filed in the open dependency-neglect case.
(4) The adoption shall be granted only if the proposed adoptive placement is in the best interests of the newborn.
(e)(1)(A) If the mother wishes for a relative to adopt her newborn, the newborn shall be placed in a foster home that is licensed and approved under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or in the custody of the department unless the relative has a completed approved adoptive home study at the time placement is needed.
(B) If a home study has not been completed on the relative, an adoptive home study shall be completed on the proposed relative if the proposed relative is an appropriate placement for the newborn.
(C) The home study on the relative cannot be waived.
(2) The adoption by a relative of the newborn shall be denied unless:
(A) The proposed relative adoptive parents have an approved adoptive home study or the department approves the proposed relative adoptive parents to adopt under state law on adoption, child welfare agency licensing law and rules, and department policy and procedures;
(B) The court determines the proposed relative adoptive parents have the capacity and willingness to abide by orders regarding care, supervision, and custody so that child protection will not be an issue if the adoption is granted; and
(C) The court enters an order describing the level of contact, if any, which is permitted to occur between the birth parent and the proposed relative adoptive parents and the consequences for violation of the order of contact under § 5-26-502.
(f) The department shall remain involved in each placement that is made under this section to monitor whether the mother withdraws her consent to the adoption.
(g) If the mother withdraws her consent to the adoption, the department shall initiate an action to ensure the protection of the child, including without limitation taking the child into custody if custody is warranted to protect the health and safety of the child.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-103. Definitions.
As used in this chapter:
(1)(A) “Abandonment” means:
(i) The failure of a parent to provide reasonable support and to maintain regular contact with a 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 or the failure of a parent to support or maintain regular contact with a child without just cause; or
(ii) An articulated intent to forego parental responsibility.
(B) “Abandonment” does not include:
(i) Acts or omissions of a parent toward a married minor; or
(ii) A situation in which a child has disrupted his or her adoption and the adoptive parent has exhausted the available resources;
(2)(A) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child.
(B) “Abortion” does not mean the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy if done with the intent to:
(i) Save the life or preserve the health of the unborn child;
(ii) Remove a dead unborn child caused by spontaneous abortion; or
(iii) Remove an ectopic pregnancy;
(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 child's care by a parent, guardian, cust
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-103
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 12-18-103. This identifies an authority to review, not proof of applicability.
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.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-401. Short title.
This subchapter shall be known as the “Child Welfare Agency Licensing Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-401
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 9-28-401. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-402. Definitions.
As used in this subchapter:
(1) “Adoptive home” means a household of one (1) or more persons that has been approved by a licensed child placement agency to accept a child for adoption;
(2) “Adverse action” means any petition by the Department of Human Services before the Child Welfare Agency Review Board to take any of the following actions against a licensee or applicant for a license:
(A) Revocation of license;
(B) Suspension of license;
(C) Conversion of license from regular or provisional status to probationary status;
(D) Imposition of a civil penalty;
(E) Denial of application; or
(F) Reduction of licensed capacity;
(3) “Alternative compliance” means approval from the Child Welfare Agency Review Board to allow a licensee to deviate from the letter of a rule, provided that the licensee has demonstrated how an alternate plan of compliance will meet or exceed the intent of the rule;
(4) “Board” means the Child Welfare Agency Review Board;
(5) “Boarding school” means an institution that is operated solely for educational purposes and that meets each of the following criteria:
(A) The institution is in operation for a period of time not to exceed the minimum number of weeks of classroom instruction required of schools accredited by the Division of Elementary and Secondary Education;
(B) The children in residence must customarily return to their family homes or legal guardians during school breaks and must not be in residence year round, except that this provision does not apply to students from foreign countries; and
(C) The parents of children placed in the institution retain custody and planning and financial responsibility for the children;
(6) “Child” means a person who is:
(A) From birth to eighteen (18) year
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-402
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 9-28-402. This identifies an authority to review, not proof of applicability.