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2020 Arkansas Code
Title 9 - Family Law
Subtitle 3 - Minors
Chapter 28 - Placement or Detention
Subchapter 2 - Youth Services
§ 9-28-215. Departure without authorization — Release of information — Definition

Universal Citation: AR Code § 9-28-215 (2020)
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  1. (a) As used in this section, “identifying and descriptive information” means any information pertaining to a juvenile that is necessary to safeguard public safety and aid in the apprehension of the juvenile, including without limitation:

    1. (1) A photo of the juvenile;

    2. (2) The name of the juvenile;

    3. (3) The age of the juvenile; and

    4. (4) A felony offense for which the juvenile is committed to the custody of the Division of Youth Services.

  2. (b)

    1. (1) When a juvenile who is committed to the custody of the Division of Youth Services leaves his or her assigned placement without authorization, the Director of the Division of Youth Services or his or her designee shall release the identifying and descriptive information of the juvenile to the general public if the juvenile:

      1. (A) Is committed to the Division of Youth Services for an offense that would be a felony if the offense were committed by an adult;

      2. (B) Poses a serious threat to public safety or a member of the public; or

      3. (C) Is at a heightened risk of harm if he or she is not apprehended immediately due to his or her age, disability, medical condition, mental capacity, or another emergency circumstance.

    2. (2) The Division of Youth Services shall release identifying and descriptive information to the general public if the juvenile is committed to the Division of Youth Services under extended juvenile jurisdiction.

    3. (3) The Division of Youth Services shall promulgate rules detailing the factors to be considered in determining when identifying and descriptive information may be released.

  3. (c) When a juvenile departs without authorization from the Arkansas State Hospital, if at the time of departure the juvenile is committed as a result of an acquittal, for mental disease or defect, of an offense for which the juvenile could have been tried as an adult, the Director of the Division of Aging, Adult, and Behavioral Health Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information he or she deems necessary to aid in the apprehension of the juvenile and safeguard the public welfare.

  4. (d) When a juvenile departs without authorization from a local juvenile detention facility, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the director of the juvenile detention facility shall release to the general public the name, age, and description of the juvenile and any other pertinent information the director deems necessary to aid in the apprehension of the juvenile and safeguard the public welfare.

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