§ 9-27-314 — Emergency orders

(a) (1) In a case in which there is probable cause to believe that immediate emergency custody is necessary to protect the health or physical well-being of the juvenile from immediate danger or to prevent the juvenile's removal from the state, the circuit court shall issue an ex parte order for emergency custody to remove the juvenile from the custody of the parent, guardian, or custodian and shall determine the appropriate plan for placement of the juvenile. (2) (A) In a case in which there is probable cause to believe that an emergency order is necessary to protect the health or physical well-being of the juvenile from immediate danger, the court shall issue an ex parte order to provide specific appropriate safeguards for the protection of the juvenile. (B) Specific appropriate safeguards shall include without limitation the authority of the circuit court to restrict a legal custodian from: (i) Having any contact with the juvenile; or (ii) Removing a juvenile from a placement if the: (a) Legal custodian placed or allowed the juvenile to remain in that home for more than six (6) months; and (b) Department of Human Services has no immediate health or physical well-being concerns with the placement. (3) In a case in which there is probable cause to believe that a juvenile is a dependent juvenile as defined in this subchapter, the court shall issue an ex parte order for emergency custody placing custody of the dependent juvenile with the department. (b) The emergency order shall include: (1) Notice to all defendants and respondents named in the petition of the right to a hearing and that a hearing will be held within five (5) business days of the issuance of the ex parte order; (2) Notice of a defendant's or respondent's right to be represented by counsel; (3) (A) Notice of a defendant's or respondent's right to obtain appointed counsel, if eligible, and the procedure for obtaining appointed counsel. (B) A court shall: (i) Appoint counsel for the parent or custodian from whom legal custody was removed in the ex parte emergency order; and (ii) Determine eligibility at the probable cause hearing; and (4) The address and telephone number of the circuit court and the date and time of the probable cause hearing, if known. (c) (1) Immediate notice of the emergency order shall be given by the petitioner or by the circuit court to the: (A) Custodial parent, noncustodial parent, guardian, or custodian of the juvenile; and (B) Attorney ad litem who represents the juvenile respondent. (2) The petitioner shall provide copies of any petition, affidavit, or other pleading filed with or provided to the court in conjunction with the emergency order to the provisionally appointed parent counsel under § 9-27-316(h)(6)(B) before the probable cause hearing. (3) All defendants shall be served with the emergency order according to Rule 4 or Rule 5 of the Arkansas Rules of Civil Procedure or as otherwise provided by the court.

Legislative History

Amended by Act 2017, No. 861,§ 1, eff. 8/1/2017 Amended by Act 2015, No. 1024,§ 3, eff. 7/22/2015 Acts 1989, No. 273, § 13; 1995, No. 533, § 4; 1999, No. 1340, § 32; 2005, No. 1990, § 6; 2007, No. 587, § 11; 2009, No. 758, § 13; 2011, No. 792, § 8; 2011, No. 1175, § 3