§ 12-18-1001 — Protective custody generally

Arkansas § 12-18-1001

• Jurisdiction: Arkansas
• Title: 12

Text

(a) A police officer, law enforcement, a juvenile division of circuit court judge during juvenile proceedings concerning the child or a sibling of the child, or a designated employee of the Department of Human Services may take a child into custody or any person in charge of a hospital or similar institution or any physician treating a child may keep that child in his or her custody without the consent of the parent or the guardian, whether or not additional medical treatment is required, if: (1) The child is subjected to neglect as defined under § 12-18-103(14)(B) and the department assesses the family and determines that the newborn and any other children, including siblings, under the custody or care of the mother are at substantial risk of serious harm such that the children need to be removed from the custody or care of the mother; (2) The child is dependent as defined in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; or (3) Circumstances or conditions of the child are such that continuing in his or her place of residence or in the care and custody of the parent, guardian, custodian, or caretaker presents an immediate danger to the health or physical well-being of the child. (b) However, custody shall not exceed seventy-two (72) hours except in the event that the expiration of seventy-two (72) hours falls on a weekend or holiday, in which case custody may be extended to the end of the next business day following the weekend or holiday. (c) If the department assesses the health and safety of a child and determines that there is an immediate danger to the health or physical well-being of the child in the care, custody, or control of the legal parent, guardian, or custodian, the department shall place the child into protective custody and shall not direct or allow the legal parent, guardian, or custodian to place the child in the care, custody, or control of another person. (d) (1) If the department assesses the health and safety of a child and determines that the child cannot safely remain in the care, custody, or control of the legal parent, guardian, or custodian without the implementation of an immediate safety plan, the department may implement an immediate safety plan that allows the child to remain in his or her place of residence and includes services to address the safety of the child. (2) (A) If an immediate safety plan is implemented under subdivision (d)(1) of this section, then the department shall reassess the health and safety of the child within thirty (30) days of the date on which the immediate safety plan was implemented. (B) If the department determines that a substantial risk of serious harm to the health and safety of the child remains after a reassessment under subdivision (d)(2)(A) of this section is performed, then the department shall file a petition for dependency-neglect. (3) This subsection does not apply if the parent, guardian, or custodian is not the alleged offender and the parent, guardian, or custodian is not alleged to have failed to protect the child. (e) If protective custody is taken by a juvenile division circuit court judge during juvenile proceedings concerning the child or a sibling of the child, the court shall: (1) Appoint a dependency-neglect attorney ad litem for the child or children for whom protective custody was taken; and (2) Designate a member of the court's staff, a party to the juvenile case, or a juvenile officer to immediately provide a copy of the order of appointment and all relevant information from the juvenile case to the attorney ad litem appointed by the court. (f) The department shall: (1) Assume custody of every child who is taken into custody under this subchapter; (2) Assess the health and safety of each child who is taken into custody under this subchapter to determine whether to continue or release custody of the child; (3) Release custody of a child who is taken into custody under this subchapter if the department determines that custody is no longer required under this section; and (4) Notify the circuit court if the department releases custody of a child whom the circuit court has taken into custody under this subchapter.

Legislative History

Amended by Act 2023, No. 364,§ 17, eff. 8/1/2023. Amended by Act 2019, No. 531,§ 6, eff. 7/24/2019. Amended by Act 2017, No. 963,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1017,§ 16, eff. 7/22/2015. Amended by Act 2015, No. 1017,§ 15, eff. 7/22/2015. Acts 2009, No. 749, § 1; 2011, No. 1143, § 25.