§ 9-27-306 — Jurisdiction

Arkansas § 9-27-306

• Jurisdiction: Arkansas
• Title: 9

Text

(a) (1) The circuit court shall have exclusive original jurisdiction of and shall be the sole court for the following proceedings governed by this subchapter, including without limitation: (A) (i) Proceedings in which a juvenile is alleged to be delinquent as defined in this subchapter, including juveniles ten (10) to eighteen (18) years of age. (ii) The court may retain jurisdiction of a juvenile delinquent up to twenty-one (21) years of age if the juvenile committed the delinquent act before reaching eighteen (18) years of age; (B) Proceedings in which a juvenile is alleged to be dependent or dependent-neglected from birth to eighteen (18) years of age, except for the following: (i) (a) A juvenile who has been adjudicated dependent or dependent-neglected before eighteen (18) years of age may request the court to continue jurisdiction over the juvenile until twenty-one (21) years of age so long as the juvenile is: (1) Completing secondary education or a program leading to an equivalent credential; (2) Enrolled in an institution providing postsecondary or vocational education; (3) Participating in a program or activity designed to promote or remove barriers to employment; (4) Employed for at least eighty (80) hours per month; or (5) Incapable of completing school or work requirements due to a documented medical condition. (b) The court shall retain jurisdiction only if the juvenile meets the requirements of subdivision (a)(1)(B)(i) (a) of this section or has a viable plan to meet the requirements. (c) The court shall discontinue jurisdiction only after a hearing to determine whether: (1) The juvenile: (A) Knowingly and voluntarily is requesting to leave care; (B) Has failed to meet the requirements of subdivision (a)(1)(B)(i) (a) of this section; or (C) Does not have a viable plan to meet the requirements; and (2) The Department of Human Services has fully complied with §§ 9-27-363 and 9-28-114 ; or (ii) A juvenile may contact his or her attorney ad litem to petition the court to return to the court's jurisdiction if the juvenile: (a) Was adjudicated dependent or dependent-neglected; (b) Was in foster care at eighteen (18) years of age; and (c) Left foster care but desires to submit to the jurisdiction of the court before reaching twenty-one (21) years of age to benefit from extended foster care; (C) Proceedings in which emergency custody or a seventy-two-hour hold has been taken on a juvenile under § 9-27-313 or the Child Maltreatment Act, § 12-18-101 et seq.; (D) Proceedings in which a family is alleged to be in need of services as defined by this subchapter, which shall include juveniles from birth to eighteen (18) years of age, except for the following: (i) A juvenile whose family has been adjudicated as a family in need of services and who is in foster care before eighteen (18) years of age may request that the court continue jurisdiction until twenty-one (21) years of age if the requirements in subdivision (a)(1)(B)(i) (a) of this section are met; (ii) The court shall retain jurisdiction only if the juvenile meets or has a viable plan to meet the requirements in subdivision (a)(1)(B)(i) (a) of this section; or (iii) The court shall discontinue jurisdiction upon request of the juvenile or when the juvenile completes or is discontinued from the requirements to receive independent living services; (E) Proceedings for termination of parental rights for a juvenile under this subchapter; (F) Proceedings in which custody of a juvenile is transferred to the department; (G) Proceedings for which a juvenile is alleged to be an extended juvenile jurisdiction offender under § 9-27-501 et seq.; (H) Proceedings for which a juvenile is transferred to the juvenile division of circuit court from the criminal division of circuit court under § 9-27-318 ; (I) Custodial placement proceedings filed by the department; and (J) Proceedings in dependency-neglect or family in need of services matters to set aside an order of permanent custody upon the disruption of the placement. (2) A juvenile shall not under any circumstance remain under the court's jurisdiction past twenty-one (21) years of age. (3) (A) When the department exercises custody of a juvenile under the Child Maltreatment Act, § 12-18-101 et seq., files a petition for an ex parte emergency order, or files a petition for dependency-neglect concerning that juvenile, before or subsequent to the other legal proceeding, a party to that petition may file a motion to transfer any other legal proceeding concerning the juvenile to the court hearing the dependency-neglect petition. (B) Upon the filing of a motion, the other legal proceeding shall be transferred to the court hearing the dependency-neglect case. (4) The court shall retain jurisdiction to issue orders of adoption, interlocutory or final, if a juvenile is placed outside the State of Arkansas. (b) The assignment of cases to the juvenile division of the circuit court shall be as described by the Supreme Court in Administrative Order Number 14, originally issued April 6, 2001. (c) (1) The circuit court shall have concurrent jurisdiction with the district court over juvenile curfew violations. (2) For juvenile curfew violations, the prosecutor may file a family in need of services petition in circuit court or a citation in district court. (d) The circuit court shall have jurisdiction to hear proceedings commenced in any court of this state or court of comparable jurisdiction of another state that are transferred to it under the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq. (e) Regardless of funding, a juvenile will be allowed to return to foster care if: (1) Evidence is presented to the circuit court that the department failed to comply with §§ 9-27-363 and 9-28-114 or if there is evidence that the juvenile was coerced by an employee or agent of the department to leave foster care; or (2) The juvenile submits a request to reenter foster care in writing or verbally to the department. (f) If a juvenile over eighteen (18) years of age who is allowed to reenter extended foster care fails to be engaged in or have a viable plan to meet the requirements in subdivision (a)(1)(B)(i) (a) of this section or have a viable plan to meet the requirements of subdivision (a)(1)(B)(i) (a) of this section for more than sixty (60) days, the department may: (1) File a motion to terminate the jurisdiction of the court and discharge the juvenile from foster care; or (2) Provide notice to the juvenile not under the jurisdiction of the court that his or her case will be closed and discharge the juvenile from foster care.

Legislative History

Amended by Act 2023, No. 363,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 363,§ 4, eff. 8/1/2023. Amended by Act 2021, No. 791,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 791,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 316,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 875,§ 1, eff. 7/22/2015 Acts 1989, No. 273, § 5; 1993, No. 468, § 5; 1995, No. 533, § 1; 2001, No. 987, § 1; 2001, No. 1262, § 1; 2003, No. 1166, § 4; 2003, No. 1319, § 9; 2005, No. 1191, § 2; 2005, No. 1990, § 2; 2007, No. 257, § 1; 2009, No. 758, §§ 9, 10; 2009, No. 956, § 6; 2011, No. 792, §§ 6, 7