2016 Arkansas Code
Title 9 - Family Law
Subtitle 3 - Minors
Chapter 27 - Juvenile Courts and Proceedings
Subchapter 3 - -- Arkansas Juvenile Code
§ 9-27-365. No reunification hearing

(a) (1) (A) Any party can file a motion for no reunification services at any time.

(B) The motion shall be provided to all parties in writing at least twenty (20) days before a scheduled hearing.

(C) The court may conduct a hearing immediately following or concurrent with an adjudication determination or at a separate hearing if proper notice has been provided.

(2) The motion shall identify sufficient facts and grounds in sufficient detail to put the defendant on notice as to the basis of the motion for no reunification services.

(3) (A) A response is not required.

(B) If a party responds, the time for response shall not be later than ten (10) days after receipt of the motion.

(b) (1) The court shall conduct and complete a no reunification hearing within fifty (50) days of the date of written notice to the defendants and shall enter an order determining whether or not reunification services shall be provided.

(2) Upon good cause shown, the hearing may be continued for an additional twenty (20) days.

(c) An order terminating reunification services on a party and ending the duty of the Department of Human Services to provide services to a party shall be based on a finding of clear and convincing evidence that:

(1) The termination of reunification services is in the child's best interest; and

(2) One (1) or more of the following grounds exist:

(A) A circuit court has determined that the parent, guardian, custodian, or noncustodial parent has subjected the child to aggravated circumstances that include:

(i) A child's being abandoned;

(ii) A child's being chronically abused;

(iii) A child's being sexually exploited;

(iv) A child's being subjected to extreme or repeated cruelty or sexual abuse;

(v) A determination by a circuit judge that there is little likelihood that services to the family will result in successful reunification;

(vi) A child has been removed from the custody of the parent or guardian and placed in foster care or the custody of another person three (3) or more times in the past fifteen (15) months; or

(vii) A child's or a sibling's being neglected or abused such that the abuse or neglect could endanger the life of the child; or

(B) A circuit court has determined that the parent has:

(i) Committed murder of a child;

(ii) Committed manslaughter of a child;

(iii) Aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter;

(iv) Committed a felony battery that results in serious bodily injury to any child;

(v) Had parental rights involuntarily terminated as to a sibling of the child; or

(vi) Abandoned an infant as defined in § 9-27-303(1).

(d) Upon a determination that no reunification services shall be provided, the court shall hold a permanency planning hearing within thirty (30) days unless permanency for the juvenile has been achieved through guardianship, custody, or a petition for termination of parental rights has been filed within thirty (30) days.

(e) A written order setting forth the court's findings of fact and law shall be filed with the court, by the court, or by a party or party's attorneys as designated by the court within thirty (30) days or before the next hearing, whichever is sooner.