2016 Arkansas Code
Title 9 - Family Law
Subtitle 3 - Minors
Chapter 27 - Juvenile Courts and Proceedings
Subchapter 3 - -- Arkansas Juvenile Code
§ 9-27-314. Emergency orders

(a) (1) In any case in which there is probable cause to believe that immediate emergency custody is necessary to protect the health or physical well-being of the juvenile from immediate danger or to prevent the juvenile's removal from the state, the circuit court shall issue an ex parte order for emergency custody to remove the juvenile from the custody of the parent, guardian, or custodian and shall determine the appropriate plan for placement of the juvenile.

(2) (A) In any case in which there is probable cause to believe that an emergency order is necessary to protect the health or physical well-being of the juvenile from immediate danger, the court shall issue an ex parte order to provide specific appropriate safeguards for the protection of the juvenile.

(B) Specific appropriate safeguards shall include without limitation the authority of the court to restrict a legal custodian from:

(i) Having any contact with the child; or

(ii) Removing a child from a placement if the:

(a) Legal custodian placed or allowed the child to remain in that home for more than six (6) months; and

(b) Department of Human Services has no immediate health or physical well-being concerns with the placement.

(3) In any case in which there is probable cause to believe that a juvenile is a dependent juvenile as defined in this subchapter, the court shall issue an ex parte order for emergency custody placing custody of the dependent juvenile with the department.

(b) The emergency order shall include:

(1) Notice to all defendants and respondents named in the petition of the right to a hearing and that a hearing will be held within five (5) business days of the issuance of the ex parte order;

(2) Notice of their right to be represented by counsel;

(3) (A) Notice of their right to obtain appointed counsel, if eligible, and the procedure for obtaining appointed counsel.

(B) A court may appoint counsel for the parent or custodian from whom legal custody was removed in the ex parte emergency order and determine eligibility at the probable cause hearing; and

(4) The address and telephone number of the court and the date and time of the probable cause hearing, if known.

(c) (1) Immediate notice of the emergency order shall be given by the petitioner or by the court to the:

(A) Custodial parent, noncustodial parent, guardian, or custodian of the juvenile; and

(B) Attorney ad litem who represents the juvenile respondent.

(2) All defendants shall be served with the emergency order according to Rule 4 or Rule 5 of the Arkansas Rules of Civil Procedure or as otherwise provided by the court.