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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
§ 9-27-325. Hearings -- Generally
Universal Citation: AR Code § 9-27-325 (2017)
- (a) (1) (A) All hearings shall be conducted by the judge without a jury, except as provided by the Extended Juvenile Jurisdiction Act, § 9-27-501 et seq.
- (B) If a juvenile is designated an extended juvenile jurisdiction offender, the juvenile shall have a right to a jury trial at the adjudication.
- (2) The juvenile shall be advised of the right to a jury trial by the court following a determination that the juvenile will be tried as an extended juvenile jurisdiction offender.
- (3) The right to a jury trial may be waived by a juvenile only after being advised of his or her rights and after consultation with the juvenile's attorney.
- (4) The waiver shall be in writing and signed by the juvenile and the juvenile's attorney.
- (B) If a juvenile is designated an extended juvenile jurisdiction offender, the juvenile shall have a right to a jury trial at the adjudication.
- (b)
- (1) The defendant need not file a written responsive pleading in order to be heard by the court.
- (2) In dependency-neglect proceedings, if not appointed by the court in an order provided to all parties, counsel shall file a notice of appearance immediately upon acceptance of representation, with a copy to be served on the petitioner and all parties.
- (c) (1) At the time set for hearing, the court may:
- (A) Proceed to hear the case only if the juvenile is present or excused for good cause by the court; or
- (B) Continue the case upon determination that the presence of an adult defendant is necessary.
- (2) Upon determining that a necessary party is not present before the court, the court may:
- (A) Issue an order for contempt if the juvenile was served with an order to appear; or
- (B) Issue an order to appear, with a time and place set by the court for hearing, if the juvenile was served with a notice of hearing.
- (2) Upon determining that a necessary party is not present before the court, the court may:
- (d)
- (1) The court shall be a court of record.
- (2) A record of all proceedings shall be kept in the same manner as other proceedings of circuit court and in accordance with rules promulgated by the Supreme Court.
- (e)
- (1) Unless otherwise indicated, the Arkansas Rules of Evidence shall apply.
- (2)
- (A) Upon motion of any party, the court may order that the father, mother, and child submit to scientific testing for drug or alcohol abuse.
- (B) A written report of the test results prepared by the person conducting the test, or by a person under whose supervision or direction the test and analysis have been performed, certified by an affidavit subscribed and sworn to by him or her before a notary public, may be introduced in evidence without calling the person as a witness unless a motion challenging the test procedures or results has been filed within thirty (30) days before the hearing and bond is posted in an amount sufficient to cover the costs of the person's appearance to testify.
- (C)
- (i) If contested, documentation of the chain of custody of samples taken from test subjects shall be verified by affidavit of one (1) person's witnessing the procedure or extraction, packaging, and mailing of the samples and by one (1) person's signing for the samples at the place where the samples are subject to the testing procedure.
- (ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of those specimens.
- (D) Whenever a court orders scientific testing for drug or alcohol abuse and one (1) of the parties refuses to submit to the testing, that refusal shall be disclosed at trial and may be considered civil contempt of court.
- (f) Except as otherwise provided in this subchapter, the Arkansas Rules of Civil Procedure shall apply to all proceedings and the Arkansas Rules of Criminal Procedure shall apply to delinquency proceedings.
- (g) All parties shall have the right to compel attendance of witnesses in accordance with the Arkansas Rules of Civil Procedure and the Arkansas Rules of Criminal Procedure.
- (h)
- (1) The petitioner in all proceedings shall bear the burden of presenting the case at hearings.
- (2) (A) The following burdens of proof shall apply:
- (1) Proof beyond a reasonable doubt in delinquency hearings;
- (2) Proof by a preponderance of the evidence in dependency-neglect proceedings, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., family in need of services, and probation revocation hearings; and
- (3) Proof by clear and convincing evidence for hearings to terminate parental rights, except if subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., transfer hearings, and in hearings to determine whether or not reunification services shall be provided.
- (B) If the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., applies, the following burdens of proof shall apply:
- (1) Clear and convincing evidence in probable cause, adjudication, review, and permanency planning hearings; and
- (2) Beyond a reasonable doubt in termination of parental rights hearings that are subject to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq.
- (B) If the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., applies, the following burdens of proof shall apply:
- (i)
- (1) All hearings involving allegations and reports of child maltreatment and all hearings involving cases of children in foster care shall be closed.
- (2) All other hearings may be closed within the discretion of the court, except that in delinquency cases the juvenile shall have the right to an open hearing, and in adoption cases the hearings shall be closed as provided in the Revised Uniform Adoption Act, § 9-9-201 et seq.
- (j) Except as provided in § 9-27-502, in any juvenile delinquency proceeding in which the juvenile's fitness to proceed is put in issue by any party or the court, the provisions of § 5-2-301 et seq. shall apply.
- (k) In delinquency proceedings, juveniles are entitled to all defenses available to criminal defendants in circuit court.
- (l)
- (1) The Department of Human Services shall provide to foster parents and preadoptive parents of a child in department custody notice of any proceeding to be held with respect to the child.
- (2) Relative caregivers shall be provided notice by the original petitioner in the juvenile matter.
- (3)
- (A) The court shall allow foster parents, preadoptive parents, and relative caregivers an opportunity to be heard in any proceeding held with respect to a child in their care.
- (B) Foster parents, adoptive parents, and relative caregivers shall not be made parties to the proceeding solely on the basis that the persons are entitled to notice and the opportunity to be heard.
- (C) Foster parents, adoptive parents, and relative caregivers shall not be made parties to the proceeding when reunification remains the goal of the case.
- (m) (1) (A) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any dependency-neglect proceeding involving a grandchild who is twelve (12) months of age or younger when:
- (i) The grandchild resides with this grandparent for at least six (6) continuous months prior to his or her first birthday;
- (ii) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent;
- (iii) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated; and
- (iv) Notice to a grandparent under this subdivision (m)(1) shall be given by the department.
- (B) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any dependency-neglect proceeding involving a grandchild who is twelve (12) months of age or older when:
- (i) The grandchild resides with this grandparent for at least one (1) continuous year regardless of age;
- (ii) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and
- (iii) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated.
- (2) For purposes of this subsection, "grandparent" does not mean a parent of a putative father of a child.
- (B) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any dependency-neglect proceeding involving a grandchild who is twelve (12) months of age or older when:
- (n) [Repealed.]
- (o) (1) (A) The department 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.
- (3) The court shall provide a putative parent the opportunity to be heard regarding his or her efforts in establishing paternity and his or her significant contacts with regard to his or her children in dependency-neglect proceedings.
- (4) A putative parent has the burden to prove significant contacts with the child so that putative rights attach.
- (5) A putative parent shall not be named as a party unless the circuit court determines that the putative parent:
- (A) 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
- (B) 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.
- (6)
- (A) A circuit court may order a DNA test at any time.
- (B) A DNA test that establishes the paternity of the putative parent is sufficient evidence to establish that the putative parent is the legal parent and the court shall enter an appropriate order under subdivision (o)(5)(A) of this section.
- (7) The rights of a putative parent to appointed counsel are subject to § 9-27-316(h)(3).
- (2)
- (B) Diligent efforts shall include without limitation checking the Putative Father Registry.
- (p)
- (1) If the court determines that the health and safety of the juvenile can be adequately protected and it is in the best interest of the child, unsupervised visitation may occur between a juvenile and a parent.
- (2)
- (A) A petitioner has the burden of proving that unsupervised visitation is not in the best interest of a child.
- (B) If the court determines that unsupervised visitation between a juvenile and a parent is not in the best interest of the child, visitation between the juvenile and the parent shall be supervised.
- (q) When visitation is ordered between a juvenile and the parent:
- (1)
- (A) A parent's positive result from a drug test is insufficient to deny the parent visitation with a juvenile.
- (B) If at the time that visitation between the parent and a juvenile occurs a parent is under the influence of drugs or alcohol, exhibits behavior that may create an unsafe environment for a child, or appears to be actively impaired, the visitation may be cancelled; and
- (2) A relative or fictive kin may transport a juvenile to and from visits with a parent if:
- (A) It is in the best interest of a child;
- (B) The relative or fictive kin submits to a background check and a child maltreatment registry check; and
- (C) The relative or fictive kin meets the driving requirements established by the department.
- (1)
Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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