Arkansas Code § 25-15-212 - Administrative Adjudication -- Judicial Review (a) In cases of adjudication, any person, except an inmate under sentence to the custody of the Department of Correction, who considers himself or herself injured in his or her person, business, or property by final agency action shall be entitled to judicial review of the action under this subchapter. *** received from the Arkansas Code Revision Commission through *** *** November15, 2013. (2) No orders of adoption, interlocutory or final, may be entered prior to the period for withdrawal. (C) The circuit clerk of the county where the petition for adoption has been or will be filed shall: (i) Keep a record of the national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation for the court; (ii) Permit only the court and the employees of the clerk's office with an official reason to view the information in the national fingerprint-based criminal background check; (iii) Not permit anyone to obtain a copy of the national fingerprint-based criminal background check; and. . Arkansas Code of 1987 Annotated. (8) Each prospective adoptive parent shall be responsible for payment of the costs of the criminal background checks, both the in-state check and the Federal Bureau of Investigation check if applicable, and shall be required to cooperate with the requirements of the Department of Arkansas State Police and the Child Maltreatment Central Registry, if available, with regard to the criminal and central registry background checks, including, but not limited to, signing a release of information. The county treasurer of each county: (1) must receive and shall hold all school money subject to apportionment and keep a separate accounting of its apportionment to the several districts that are entitled to a portion of the money according to the apportionments ordered by the county superintendent or by the superintendent of public instruction. (C) Any putative father who has signed an acknowledgement of paternity or has registered with the state's Putative Father Registry. Arkansas Code Title 9. (a) (1) Before any hearing on a petition, the period in which the relinquishment may be withdrawn under § 9-9-220 or in which consent may be withdrawn under § 9-9-209, whichever is applicable, must have expired. *** *** Annotations are current through January 16, 2014. (1) Notice shall be given in the manner appropriate under rules of civil procedure for the service of process in a civil action in this state or in any manner the court by order directs. (b) (1) (A) Before placement of the child in the home of the petitioner, a home study shall be conducted by any child welfare agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or any licensed certified social worker. Reason for filing Articles of Dissolution: 4. Department - The Department of Human Services or its successor as created by Arkansas Code Annotated § 25-10-101. All rights reserved. (3) Where consent is not required, notice may be by certified mail with return receipt requested. § 9-9-702 21-6-302(d)(1), “the treasurer may set aside up to ten percent (10%) of the gross commissions collected annually to be credited to the county treasurer’s automation fund”. Family Law Section 9-14-201. 17-52-304. Family Law § 9-9-207. (2) The Department of Human Services shall not be ordered by any court to conduct an adoptive home study, unless: (i) The court has first determined the responsible party to be indigent; or, (ii) The child to be adopted is the subject of an open dependency-neglect case and the goal of the case is adoption; and. 20-9-212.. Duties of county treasurer. (B) The Division of Arkansas State Police shall forward all information obtained from the national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation to either the Department of Human Services, if it is doing the home study, or to the court in which the adoption petition will be filed. Here you will find a collection of state laws passed by the Arkansas Legislature and organized by subject area into Titles, Chapters and Sections. Chapter 112. (a)(1) Before any hearing on a petition, the period in which the relinquishment may be withdrawn under in Arkansas Code Annotated § 20-10-213 - § 20-10-228, oversight, supervision or care. Caregiver - Shall have the same meaning prescribed by Arkansas Code Annotated § 5-28-101. (3) The Department of Human Services shall not be ordered by any court to conduct a home study unless: (ii) The person to be adopted is the subject of an open dependency-neglect case and the goal of the case is adoption; and. Price displayed is for customers residing in-state only. (ii) Unless specifically ordered to do so by the court, the Department of Human Services shall not share the information obtained from the criminal records check and the national fingerprint-based criminal background checks with persons not employed by the Department of Human Services. Spencer v. Spencer, 275 Ark. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. (B) Home studies on non-Arkansas residents may also be conducted by a person or agency in the same state as the person wishing to adopt as long as the person or agency is authorized under the law of that state to conduct home studies for adoptive purposes. Read the code on FindLaw (2) The court may order a home study to assist it in determining whether the adoption is in the best interest of the persons involved. § 9-9-207 - Persons as to whom consent not required. The information is required to be submitted by the parties or their attorneys pursuant to ACA 9-14-205 . (A) The home study shall include a state-of-residence criminal background check, if available, and national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation on the adoptive parents and all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care. (a) There is created the Arkansas Home Inspector Registration Board. For more detailed codes research information, including annotations and citations, please visit Westlaw. (6) A Child Maltreatment Central Registry check shall be required for all household members age fourteen (14) and older, excluding children in foster care, as a part of the home study, if such a registry is available in their state of residence. in Arkansas Code Annotated § 20-10-213 - § 20-10-228, oversight, supervision or care. CANCELLATION AND REISSUANCE OF BENEFIT CHECKS This regulation is hereby amended, promulgated and adopted by the Director, Arkansas Division of Workforce Services, pursuant to Arkansas Code Annotated §11-10-501 to read as follows: (2) No orders of adoption, interlocutory or final, may be entered prior to the period for withdrawal. Search by Keyword or Citation; Search by Keyword or Citation. (1) Before any hearing on a petition, the period in which the relinquishment may be withdrawn under § 9-9-220 or in which consent may be withdrawn under § 9-9-209, whichever is applicable, must have expired. All owners, principals, employees, and contract staff of a personal care provider must have national and state criminal background checks according to Arkansas Code Annotated §§ 20-33-213 and 20-38-101 et seq. (4) All home studies shall be prepared and submitted in conformity with the regulations promulgated pursuant to the Child Welfare Agency Licensing Act, § 9-28-401 et seq. . HISTORY: Acts 2003, No. (A) Upon completion of the criminal record checks, the Department of Arkansas State Police shall forward all information obtained to either the Department of Human Services, if it is conducting the home study, or to the court in which the adoption petition will be filed. A court has the power to grant a divorce for: (1) Impotence; Firefox, or Caregiver - Shall have the same meaning prescribed by Arkansas Code Annotated § 5-28-101. (2) The home study shall not be waived when the case is a fast-track adoption of a Garrett's Law baby under Read the code on FindLaw (D)(i) The Department of Human Services shall share the information obtained from the criminal records check and the national fingerprint-based criminal background checks only with employees of the Department of Human Services who have an official business reason to see the information. (a) (1) Before any hearing on a petition, the period in which the relinquishment may be withdrawn under 9-9-220 or in which consent may be withdrawn under 9-9-209, … Subchapter 2 - Revised Uniform Adoption Act. (3) Where consent is not required, notice may be by certified mail with return receipt requested. Public Property Section 22-9-203. (8) Each prospective adoptive parent shall be responsible for payment of the costs of the criminal background checks, both the in-state check and the Federal Bureau of Investigation check if applicable, and shall be required to cooperate with the requirements of the Division of Arkansas State Police and the Child Maltreatment Central Registry, if available, with regard to the criminal and central registry background checks, including, but not limited to, signing a release of information. (5)(A) The home study shall include a state-of-residence criminal background check, if available, and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation on the adoptive parents and all household members eighteen and one-half (18 1/2 ) years of age and older, excluding children in foster care. (a) There is created the Arkansas Home Inspector Registration Board. Arkansas Title 9. Arkansas Title 22. (1) Unless directed by the court, a home study is not required in cases in which the person to be adopted is an adult. (9) "Residential unit" means any dwelling from one (1) to four (4) units in design intended principally for residential purposes by one (1) or more persons. (3) The Department of Human Services shall not be ordered by any court to conduct a home study unless: (ii) The person to be adopted is the subject of an open dependency-neglect case and the goal of the case is adoption; and. (iv) Permit a person specifically ordered by the court to view the information in the national fingerprint-based criminal background check. (B) Before the hearing, the attorney ad litem shall file a proof of publication and an affidavit reciting the efforts made to locate and serve actual notice upon the person entitled to notice. Arkansas Code Annotated 9-14-205 . FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Direct Care Staff - A caregiver acting on behalf of, employed by or under the control or supervision of a licensed facility. DHS specifically argued that the court's order did not comply with Arkansas Code Annotated section 9–27–332(a)(2)(B)(ii) (Repl.2009), which requires the court to make written findings outlining how each service DHS is ordered to provide is intended to prevent removal. Arkansas Code § 9-9-212 - Hearing on Petition -- Requirements (a) (1) Before any hearing on a petition, the period in which the relinquishment may be withdrawn under § 9-9-220 or in which consent may be withdrawn under § 9-9-209, whichever is applicable, must have expired. Universal Citation: AR Code § 9-9-212 (2017) (a) (1) Before any hearing on a petition, the period in which the relinquishment may be withdrawn under § 9-9-220 or in which consent may be withdrawn under § 9-9-209, whichever is applicable, must have expired. § 9-9-210 - Petition for adoption. AOC Form 35 6/2005 . , or any licensed certified social worker. Miscellaneous Regulated Industries. How consent is executed. The court may also waive the requirement for a home study when a stepparent is the petitioner or the petitioner and the minor are related to each other in the second degree. (3) After the filing of a petition to adopt a minor, the court shall fix a time and place for hearing the petition. Miscellaneous Regulated Industries. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 20-9-212. § 9-9-214 - Appearance -- Continuance -- Disposition of petition. (e)(1) Notice shall be given in the manner appropriate under rules of civil procedure for the service of process in a civil action in this state or in any manner the court by order directs. Persons as to whom consent not required. Custody of child born outside of marriage (a) When a child is born to an unmarried woman, legal custody of that child shall be in the woman giving birth to the child until the child reaches eighteen (18) years of age unless a court of competent jurisdiction enters an … Docket Number Style of ⦠Arkansas Code Annotated 9-14-205 . (B) Before the hearing, the attorney ad litem shall file a proof of publication and an affidavit reciting the efforts made to locate and serve actual notice upon the person entitled to notice. Code: Arkansas Code of 1987 Annotated: Contents:Volume B, 2003 Replacement, Tables. (2) No orders of adoption, interlocutory or final, may be entered prior to the period for withdrawal. § 9-9-208 - How consent is executed. Family Law § 9-9-212. Search Arkansas Code. Chapter 9 - Adoption. Subchapter 2 - Revised Uniform Adoption Act. (i) The Department of Human Services shall share the information obtained from the criminal records check and the national fingerprint-based criminal background checks only with employees of the Department of Human Services who have an official business reason to see the information. (C) The home study shall contain an evaluation of the prospective adoption with a recommendation as to the granting of the petition for adoption and any other information the court requires regarding the petitioner or minor. Chapter 9 - Adoption. § 9-9-211 - Report of petitioner's expenditures. (2) The home study shall not be waived when the case is a fast-track adoption of a Garrett's Law baby under § 9-9-702. (7) Additional national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation are not required for international adoptions as they are already a part of the requirements for adoption of the United States Department of Homeland Security, Citizenship and Immigration Services. LEGALLY BINDING DOCUMENT: OFFICIAL CODE United States of America, State of Arkansas All citizens and residents are hereby advised that this is a legally binding document duly promulgated and enacted and that failure to comply with such requirements as hereby detailed within may subject you to criminal or ⦠(D) Upon order of the court for good cause shown, the clerk may tender to a person identified by the court a copy of the detailed, written health history and genetic and social history. (D) Upon order of the court for good cause shown, the clerk may tender to a person identified by the court a copy of the detailed, written health history and genetic and social history. This cursory outline of Arkansas Code Annotated § 9-12-301 will give you a very basic answer. (b)(1)(A) Before placement of the child in the home of the petitioner, a home study shall be conducted by any child welfare agency licensed under the Child Welfare Agency Licensing Act, Out-of-state customers please call 1-800-223-1940 for more information. This site is maintained by the Arkansas Bureau of Legislative Research, Information Systems Dept., and is the official website of the Arkansas General Assembly. Section 9-9-212 - Hearing on petition - Requirements (a) (1) Before any hearing on a petition, the period in which the relinquishment may be withdrawn under § 9-9-220 or in which consent may be withdrawn under § 9-9-209, whichever is applicable, must have expired. Hearing on petition--Requirements on Westlaw, industry-leading online legal research system, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact, House Passes Open Courts Act Targeting PACER Reform, 2021 May Bring Pro-Labor and Unionization Movement in Tech. (f) When one (1) parent of a child or children is deceased, and the parent-child relationship has not been eliminated at the time of death, and adoption proceedings are instituted subsequent to such decease, the parents of the deceased parent shall be notified under the procedures prescribed in this subchapter of such adoption proceedings, except when the surviving parent-child relationship has been terminated pursuant to (f) When one (1) parent of a child or children is deceased, and the parent-child relationship has not been eliminated at the time of death, and adoption proceedings are instituted subsequent to such decease, the parents of the deceased parent shall be notified under the procedures prescribed in this subchapter of such adoption proceedings, except when the surviving parent-child relationship has been terminated pursuant to § 9-27-341. Chapter 9 - Adoption. § 9-9-213 - Required residence of minor. Duties of county treasurer. (2) No orders of adoption, interlocutory or final, may be entered prior to the period for withdrawal. Chapter 12 Crime Reporting And Investigations Creation -- Members. (C) The circuit clerk of the county where the petition for adoption has been or will be filed shall: (i) Keep a record of the national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation for the court; (ii) Permit only the court and the employees of the clerk's office with an official reason to view the information in the national fingerprint-based criminal background check; (iii) Not permit anyone to obtain a copy of the national fingerprint-based criminal background check; and. Price displayed is for customers residing in-state only. § 9-9-207(a)(1), (2), (6), (8), and (9) Docket Number Style of C … 1328, § 1. (B) The detailed, written health history and genetic and social history shall be set forth in a document that is separate from any document containing information identifying the birth parents or members of a birth parent's family. An ordinance approving the private club permit for Local Patio and Grill and allowing for the application of the required permits from the Arkansas Alcoholic Beverage Control Division per Arkansas Code annotated §3-9-222 as amended; and for other purposes Regulation No. (9) "Residential unit" means any dwelling from one (1) to four (4) units in design intended principally for residential purposes by one (1) or more persons. (a) The required consent to adoption shall be executed at any time after the birth of the child and in the manner following: (1) If by the individual to be adopted, in the presence of the court; (2) If by an agency, by the executive head or other authorized representative, in … Persons as to whom consent and notice not necessarily required. (2) No orders of adoption, interlocutory or final, may … (c)(1) Unless directed by the court, a home study is not required in cases in which the person to be adopted is an adult. (ii) Unless specifically ordered to do so by the court, the Department of Human Services shall not share the information obtained from the criminal records check and the national fingerprint-based criminal background checks with persons not employed by the Department of Human Services. But for better or worse, divorce in Arkansas is not that simple and you must have actual grounds for a court to grant you a divorce. (iv) Permit a person specifically ordered by the court to view the information in the national fingerprint-based criminal background check. (2) No orders of adoption, interlocutory or final, may be entered prior to the period for withdrawal. (B) The Department of Arkansas State Police shall forward all information obtained from the national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation to either the Department of Human Services, if it is doing the home study, or to the court in which the adoption petition will be filed. Subtitle 2 - Domestic Relations. (B) If a prospective adoptive parent has lived in a state for at least six (6) years immediately prior to adoption, then only a state-of-residence criminal background check shall be required. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Arkansas Code § 9-9-212 - Hearing on Petition -- Requirements. § 9-9-215 - Effect of decree of adoption. Subtitle 2. (B) If a prospective adoptive parent has lived in a state for at least six (6) years immediately prior to adoption, then only a state-of-residence criminal background check shall be required. § 9-27-341 (4)(A) The home study shall address whether the adoptive home is a suitable home and shall include a recommendation as to the approval of the petitioner as an adoptive parent. Department - The Department of Human Services or its successor as created by Arkansas Code Annotated § 25-10-101. ARKANSAS Motor Vehicle and Traffic Laws and State Highway Commission Regulations ... promulgate policies complementary to these codes, and (c) prepare, publish, and ... §§ 23-89-209, 23-89-212, 23-89-214 to 23-89-216 ..... 76 Subtitle 4. (1) After the filing of a petition to adopt an adult, the court by order shall direct that a copy of the petition and a notice of the time and place of the hearing be given to any person whose consent to the adoption is required but who has not consented. (2) The court may order a home study to assist it in determining whether the adoption is in the best interest of the persons involved. 1328, § 1. Direct Care Staff - A caregiver acting on behalf of, employed by or under the control or supervision of a licensed facility. Arkansas Code § 9-27-323 - Diversion -- Conditions -- Agreement -- Completion -- Definition (a) If the prosecuting attorney, after consultation with the intake officer, determines that a diversion of a delinquency case is in the best interests of the juvenile and the community, the officer with the consent of the juvenile and his or her parent (3) All home studies shall be prepared and submitted in conformity with the rules promulgated pursuant to the Child Welfare Agency Licensing Act, *** Title 12 Law Enforcement, Emergency Management, And Military Affairs . 2010 Arkansas Code. A chancellor has no authority to dispose of property rights in an award of separate maintenance.” 9-9-212. (A) When the petitioner alleges that any person entitled to notice cannot be located, the court shall appoint an attorney ad litem who shall make a reasonable effort to locate and serve notice upon the person entitled to notice; and upon failing to so serve actual notice, the attorney ad litem shall publish a notice of the hearing directed to the person entitled to notice in a newspaper having general circulation in the county one (1) time a week for four (4) weeks, the last publication being at least seven (7) days prior to the hearing. (3) All home studies shall be prepared and submitted in conformity with the regulations promulgated pursuant to the Child Welfare Agency Licensing Act, § 9-28-401 et seq. Read this complete Arkansas Code Title 9. Creation -- Members. So, what are the grounds for divorce in Arkansas? § 9-9-209 Out-of-state customers please call 1-800-223-1940 for more information. Duties Of County Treasurer. (B) The detailed, written health history and genetic and social history shall be set forth in a document that is separate from any document containing information identifying the birth parents or members of a birth parent's family. HISTORY: Acts 2003, No. (g)(1)(A) Except as provided under subdivision (g)(2) of this section, before placement for adoption, the licensed adoption agency or, when an agency is not involved, the person, entity, or organization handling the adoption shall compile and provide to the prospective adoptive parents a detailed, written health history and genetic and social history of the child that excludes information that would identify birth parents or members of a birth parent's family. The information is required to be submitted by the parties or their attorneys pursuant to ACA 9-14-205 . (B) A written report of the home study shall be filed with the court before the petition is heard. Go to Arkansas Code Search | Laws and Statutes (4) All home studies shall be prepared and submitted in conformity with the rules promulgated pursuant to the Child Welfare Agency Licensing Act, (a) Consent to adoption is not required of: (1) a parent who has deserted a child without affording means of identification or who has abandoned a child; (2) a parent of a child in the custody of another, if the parent for a period of at least … AOC Form 35 6/2005 . Hearing on petition -- Requirements. Copyright © 2021, Thomson Reuters. (b) Except as provided in §§ 9-9-212 and 9-9-224, notice of a hearing on a petition for adoption need not be given to a person whose consent is not required or to a person whose consent or relinquishment has been filed with the petition. Read the code on FindLaw (4) At least twenty (20) days before the date of hearing, notice of the filing of the petition and of the time and place of hearing shall be given by the petitioner to: (A) Any agency or person whose consent to the adoption is required by this subchapter but who has not consented; (B) A person whose consent is dispensed with upon any ground mentioned in Department - The Department of Human Services or its successor as created by Arkansas Code Annotated § 25-10-101. Arkansas Code § 9-14-218 - Income Withholding -- Time of Taking Effect Generally -- Forms. (2) Proof of the giving of the notice shall be filed with the court before the petition is heard. (a) (1) In all decrees or orders that provide for the payment of money for the support and care of any children, the court shall include a provision directing a payor to deduct from: (A) Money, income, or periodic earnings due the noncustodial parent an amount that is sufficient to meet the periodic child support payments … (d)(1) After the filing of a petition to adopt an adult, the court by order shall direct that a copy of the petition and a notice of the time and place of the hearing be given to any person whose consent to the adoption is required but who has not consented. Hearing on petition--Requirements on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading … Chapter 112. (B) The person to be studied lives in the State of Arkansas. § 9-9-212 - Hearing on petition -- Requirements. 9-9-208. Arkansas Code Annotated Section 9-9-212 Third, Lagios argues that the Goldmans failed to comply with certain subsections of section 9-9-212. (C) If the Department of Human Services has responsibility for placement and care of the child to be adopted, the home study shall include a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation on the prospective adoptive parents and all household members eighteen and one-half (181/2) years of age or older, excluding children in foster care. 112, 114, 627 S.W.2d 550, 551 (1982). Similarly, we have read Arkansas Code Annotated section 9-12-315(a) (Repl.1993) to mean “that marital property shall be distributed at the time the divorce decree is entered. (7) Additional national fingerprint-based criminal background checks performed by the Federal Bureau of Investigation are not required for international adoptions as they are already a part of the requirements for adoption of the United States Citizenship and Immigration Services. (5)(A) When the petitioner alleges that any person entitled to notice cannot be located, the court shall appoint an attorney ad litem who shall make a reasonable effort to locate and serve notice upon the person entitled to notice; and upon failing to so serve actual notice, the attorney ad litem shall publish a notice of the hearing directed to the person entitled to notice in a newspaper having general circulation in the county one (1) time a week for four (4) weeks, the last publication being at least seven (7) days prior to the hearing. LEGALLY BINDING DOCUMENT: OFFICIAL CODE United States of America, State of Arkansas All citizens and residents are hereby advised that this is a legally binding document duly promulgated and enacted and that failure to comply with such requirements as hereby detailed within may subject you to criminal or … The industry-leading online legal research system the notice shall be filed with the to... 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