§ 9-27-311 — Required contents of petition

Arkansas § 9-27-311

• Jurisdiction: Arkansas
• Title: 9

Text

(a) The petition shall set forth the following: (1) (A) The name, address, gender, Social Security number, and date of birth of each juvenile subject of the petition. (B) A single petition for dependency-neglect or family in need of services shall be filed that includes all siblings who are subjects of the petition; (2) The name and address of each of the parents or the surviving parent of the juvenile or juveniles; (3) The name and address of the person, agency, or institution having custody of the juvenile or juveniles; (4) The name and address of any other person, agency, or institution having a claim to custody or guardianship of the juvenile or juveniles; (5) In a proceeding to establish paternity, the name and address of both the putative father and the presumed legal father, if any; (6) In a dependency-neglect proceeding, the name and address of a putative parent, if any; and (7) In a dependency-neglect proceeding: (A) The name, address, gender, and date of birth of any sibling of a juvenile named as respondent to the petition; and (B) The name of each parent, guardian, or custodian of a sibling of a juvenile named as respondent to the petition. (b) If the name or address of anyone listed in subsection (a) of this section is unknown or cannot be ascertained by the petitioner with reasonable diligence, this shall be alleged in the petition and the petition shall not be dismissed for insufficiency, but the court shall direct appropriate measures to find and give notice to the persons. (c) (1) All persons named in subdivisions (a)(1)-(3) of this section shall be made defendants and served as required by this subchapter. (2) However: (A) In dependency-neglect petitions, the juvenile shall have party status and be named in the petition as a respondent and shall be served notice under § 9-27-312 ; (B) In a dependency-neglect and termination of parental rights petition, the putative parent shall be named as a party if the petitioner alleges that the putative parent: (i) May have a claim of paternity of a juvenile born outside of marriage; (ii) Has established significant contacts with the juvenile, which may be demonstrated by a significant custodial, personal, or financial relationship with the juvenile; or (iii) Is listed on the Putative Father Registry; (C) A putative parent who was not originally named as a party to the dependency-neglect petition shall be added as a party if: (i) Paternity is established and a court of competent jurisdiction enters an order establishing paternity between the juvenile and the putative parent; or (ii) The court determines that the putative parent is a parent as defined in § 9-27-303 ; and (D) In a paternity action, the petitioner shall name as defendants only the mother, the putative father, or the presumed legal father, if any. (d) (1) (A) The Department of Human Services shall make diligent efforts to identify putative parents in a dependency-neglect proceeding. (B) Diligent efforts shall include without limitation checking the Putative Father Registry. (2) (A) (i) A petitioner may name and serve a putative parent as a party under § 9-27-312 in order to resolve the putative parent's status and rights under § 9-27-325 or terminate the rights of the putative parent under § 9-27-341 . (ii) If the petitioner does not name and serve a putative parent as a party in accordance with subdivision (d)(2)(A)(i) of this section, the petitioner shall provide a putative parent with notice under Rule 4 of the Arkansas Rules of Civil Procedure of a proceeding as soon as the putative parent is identified. (B) The notice shall include information about: (i) The method of establishing paternity; (ii) The right of the putative parent to prove significant contacts; and (iii) The right of the putative parent to be heard by the court. (C) The petitioner shall provide the notice to the court and the parties to the case. (D) After receiving the notice required under subdivision (d)(2)(A)(ii) of this section, the putative parent has the burden of establishing one (1) of the following: (i) The putative parent has significant contacts with the juvenile, which may be demonstrated by a significant custodial, personal, or financial relationship with the juvenile; or (ii) The putative parent is a parent as defined in § 9-27-303 . (E) If the putative parent, after receiving the notice required under subdivision (d)(2)(A)(ii) of this section and being given an opportunity to prove significant contacts with the juvenile, fails to demonstrate significant contacts with the juvenile and the court finds that the putative parent was given sufficient notice and an opportunity to be heard, the court may: (i) Order deoxyribonucleic acid (DNA) testing to determine whether the putative parent is the biological parent of the juvenile; (ii) Enter an order: (a) Finding that the putative parent does not have rights to the juvenile; (b) Dismissing the putative parent from the action; and (c) Finding that no further notice is due to the putative parent whose rights have not attached with regard to the juvenile, including in the event of a filed petition for adoption; or (iii) Enter an order providing that only a parent or putative parent whose rights have attached to the juvenile shall be included in a petition to terminate parental rights under § 9-27-341 . (e) (1) The petition shall set forth the following in plain and concise words: (A) The facts that, if proven, would bring the family or juvenile within the court's jurisdiction; (B) The section of this subchapter upon which jurisdiction for the petition is based; (C) The relief requested by the petitioner; and (D) If a petition for delinquency proceedings, any and all sections of the criminal laws allegedly violated. (2) (A) The petition shall be supported by an affidavit of facts. (B) A supporting affidavit of facts shall not be required for delinquency, paternity, or termination of parental rights petitions. (C) The supporting affidavit of facts shall include known information regarding the fitness of the noncustodial parent to be considered for custody, placement, or family time with the juvenile. (D) If the petition for dependency-neglect is filed by the department, the supporting affidavit of facts shall include a list of all contact the department has had with the family before the filing of the petition, including without limitation hotline calls accepted for maltreatment, investigations, and open cases.

Legislative History

Amended by Act 2023, No. 363,§ 6, eff. 8/1/2023. Amended by Act 2021, No. 813,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 813,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 813,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 541,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 541,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1022,§ 1, eff. 7/22/2015 Amended by Act 2015, No. 1017,§ 5, eff. 7/22/2015 Amended by Act 2015, No. 1017,§ 4, eff. 7/22/2015 Amended by Act 2015, No. 1017,§ 3, eff. 7/22/2015 Acts 1989, No. 273, § 10; 1989 (3rd Ex. Sess.), No. 34, § 2; 1995, No. 1184, § 19; 1997, No. 1085, § 1; 1997, No. 1227, § 2; 1999, No. 1340, §§ 10, 11; 2011, No. 1175, § 2