§ 9-27-310 — Commencement of proceedings

Arkansas § 9-27-310

• Jurisdiction: Arkansas
• Title: 9

Text

(a) Proceedings shall be commenced by filing a petition with the circuit clerk of the circuit court or by transfer by another court. (b) (1) The prosecuting attorney shall have sole authority to file a delinquency petition or petition for revocation of probation. (2) Only a law enforcement officer, prosecuting attorney, the Department of Human Services or its designee, or a dependency-neglect attorney ad litem employed by or contracting with the Administrative Office of the Courts may file a dependency-neglect petition seeking ex parte emergency relief. (3) Petitions for dependency-neglect or family in need of services may be filed by: (A) Any adult; or (B) Any member ten (10) years of age or older of the immediate family alleged to be in need of services. (4) Petitions for paternity establishment may be filed by: (A) The biological mother; (B) A putative father; (C) A juvenile; or (D) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. (c) Concurrent with filing, a copy of any petition that requests that the Department of Human Services take custody or provide family services shall be mailed to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the Department of Human Services by the petitioner. (d) (1) A person may submit to the intake officer for investigation a complaint of acts or omissions that if substantiated would constitute delinquency. (2) Upon substantiation, the intake officer may refer the matter to the prosecuting attorney or an appropriate agency. (e) No fees, including, but not limited to, fees for filings, copying, or faxing, including petitions for adoption, petitions for guardianships, summons, or subpoenas shall be charged or collected by the circuit clerk or sheriff's office in cases brought in the circuit court under this subchapter by a governmental entity or nonprofit corporation, including, but not limited to, the prosecuting attorney, an attorney ad litem appointed in a dependency-neglect case, or the Department of Human Services. (f) If the circuit clerk's office has a fax machine, the circuit clerk, in cases commenced in the circuit court under this subchapter by a governmental entity or nonprofit corporation, including, but not limited to, the prosecuting attorney, an attorney ad litem appointed in a dependency-neglect case, or the Department of Human Services shall accept facsimile transmissions of any papers filed under this subchapter as described in Rule 5 of the Arkansas Rules of Civil Procedure. (g) An attorney ad litem appointed under § 12-18-1001(e) shall review all relevant information from the juvenile proceeding regarding the child or children for whom protective custody was taken and shall file any pleadings that may be necessary to protect the health, safety, or welfare of the child or children.

Legislative History

Amended by Act 2019, No. 910,§ 5131, eff. 7/1/2019. Amended by Act 2015, No. 1017,§ 2, eff. 7/22/2015 Amended by Act 2015, No. 1017,§ 1, eff. 7/22/2015 Acts 1989, No. 273, § 9; 1989 (3rd Ex. Sess.), No. 34, § 1; 1995, No. 533, § 3; 1995, No. 1184, § 18; 1999, No. 1340, §§ 8, 9; 2001, No. 1503, § 3; 2003, No. 1166, § 7; 2005, No. 1990, § 4