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2017 Arkansas Code
Title 9 - Family Law
Subtitle 3 - Minors
Chapter 27 - Juvenile Courts and Proceedings
Subchapter 3 - Arkansas Juvenile Code
§ 9-27-311. Required contents of petition
Universal Citation: AR Code § 9-27-311 (2017)
- (a) The petition shall set forth the following:
- (1)
- (A) The name, address, gender, Social Security number, and date of birth of each juvenile subject of the petition.
- (B) A single petition for dependency-neglect or family in need of services shall be filed that includes all siblings who are subjects of the petition;
- (2) The name and address of each of the parents or the surviving parent of the juvenile or juveniles;
- (3) The name and address of the person, agency, or institution having custody of the juvenile or juveniles;
- (4) The name and address of any other person, agency, or institution having a claim to custody or guardianship of the juvenile or juveniles;
- (5) In a proceeding to establish paternity, the name and address of both the putative father and the presumed legal father, if any;
- (6) In a dependency-neglect proceeding, the name and address of a putative parent, if any; and
- (7) In a dependency-neglect proceeding:
- (A) The name, address, gender, and date of birth of any sibling of a juvenile named as respondent to the petition; and
- (B) The name of each parent, guardian, or custodian of a sibling of a juvenile named as respondent to the petition.
- (1)
- (b) If the name or address of anyone listed in subsection (a) of this section is unknown or cannot be ascertained by the petitioner with reasonable diligence, this shall be alleged in the petition and the petition shall not be dismissed for insufficiency, but the court shall direct appropriate measures to find and give notice to the persons.
- (c)
- (1) All persons named in subdivisions (a)(1)-(3) of this section shall be made defendants and served as required by this subchapter.
- (2) However:
- (A) In dependency-neglect petitions, the juvenile shall have party status and be named in the petition as a respondent and shall be served under § 9-27-312;
- (B) In a dependency-neglect and termination of parental rights petition, the putative parent shall not be named as a party unless the circuit court determines that the putative parent:
- (i) Has established paternity and the circuit court enters an order establishing the putative parent as the legal parent and directs that the parent be added to the case as a party defendant; or
- (ii) Has established significant contacts with the juvenile and the circuit court enters an order that putative parent rights have attached and the putative parent shall be added to the case as a party defendant; and
- (C) In a paternity action, the petitioner shall name as defendants only the mother, the putative father, or the presumed legal father, if any.
- (d) (1) (A) The Department of Human Services shall make diligent efforts to identify putative parents in a dependency-neglect proceeding.
- (B) Diligent efforts shall include without limitation checking the Putative Father Registry.
- (2)
- (A) The department shall provide a putative parent with notice under Rule 4 of the Arkansas Rules of Civil Procedure of a proceeding as soon as the putative parent is identified.
- (B) The notice shall include information about:
- (i) The method of establishing paternity;
- (ii) The right of the putative parent to prove significant contacts; and
- (iii) The right of the putative parent to be heard by the court.
- (C) The department shall provide the notice to the court and the parties to the case.
- (2)
- (B) Diligent efforts shall include without limitation checking the Putative Father Registry.
- (e) (1) The petition shall set forth the following in plain and concise words:
- (A) The facts that, if proven, would bring the family or juvenile within the court's jurisdiction;
- (B) The section of this subchapter upon which jurisdiction for the petition is based;
- (C) The relief requested by the petitioner; and
- (D) If a petition for delinquency proceedings, any and all sections of the criminal laws allegedly violated.
- (2)
- (A) The petition shall be supported by an affidavit of facts.
- (B) A supporting affidavit of facts shall not be required for delinquency, paternity, or termination of parental rights petitions.
- (C) The supporting affidavit of facts shall include known information regarding the fitness of the noncustodial parent to be considered for custody, placement, or visitation with the juvenile.
- (D) If the petition for dependency-neglect is filed by the department, the supporting affidavit of facts shall include a list of all contact the department has had with the family before the filing of the petition, including without limitation hotline calls accepted for maltreatment, investigations, and open cases.
- (2)
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