2015 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 3 - Offenses Involving Families, Dependents, Etc.
Chapter 27 - Offenses Against Children or Incompetents
Subchapter 2 - Offenses Generally
§ 5-27-211 - Re-homing of an adopted minor.
(a) As used in this section:
(1) "Adopted minor" means a person who is:
(A) Less than eighteen (18) years of age; and
(B) The subject of an adoption decree that is valid under the law of this state or another state, or foreign or international law; and
(2) "Relative" means a person within the fifth degree of consanguinity by virtue of blood or adoption.
(b) A person commits the offense of re-homing of a minor if he or she knowingly engages in:
(1) (A) A transaction or an action taken to facilitate a transaction through electronic means or otherwise by an adoptive parent, an individual, or an entity having custody of an adopted minor that is taken:
(i) Without court approval; and
(ii) Except as provided under subsection (c) of this section, to avoid permanent parental responsibility by placing the minor in the physical custody of another person or entity.
(B) As used in subdivision (b)(1)(A) of this section, "transaction" includes without limitation transferring, advertising, recruiting, harboring, transporting, providing, soliciting, or obtaining a minor;
(2) The selling, transferring, or arranging for the sale or transfer of a minor to another person or entity for money or anything of value or to receive a minor for money or anything of value; or
(3) Assisting, aiding, abetting, or conspiring in the commission of an act described in subdivision (b)(1) or subdivision (b)(2) of this section by a person or an entity, regardless of whether money or anything of value has been promised to or received by the person or entity.
(c) This section does not apply to:
(1) A person who places a minor with a relative, stepparent, an agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., a licensed attorney, or the Department of Human Services;
(2) Placement of a minor by a licensed attorney, an agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or the Department of Human Services;
(3) Temporary placement of a minor by a parent or custodian for a designated short-term period with a specified intent and time period for return of the minor if the temporary placement is due to a vacation or a school-sponsored function or activity, or the incarceration, military service, medical treatment, or incapacity of a parent or guardian;
(4) Placement of a minor in accordance with the requirements of the Interstate Compact on the Placement of Children, § 9-29-201 et seq.; or
(5) Relinquishment of a minor under the voluntary delivery of a child law, under § 9-34-201 et seq.
(d) Re-homing of a minor is an unclassified felony with a term of imprisonment of not more than five (5) years and a fine of not more than five thousand dollars ($5,000).
(e) It is not a defense to prosecution for a violation of this section that the adoptive parent solicited, advertised, or recruited through electronic means or otherwise and recruited a person that is:
(1) A law enforcement officer acting within the official scope of his or her duties; and
(2) Posing as a person willing to accept placement of an adopted minor.
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