§ 9-27-327 — Adjudication hearing

Arkansas § 9-27-327

• Jurisdiction: Arkansas
• Title: 9

Text

(a) (1) (A) An adjudication hearing shall be held to determine whether the allegations in a petition are substantiated by the proof. (B) (i) If the court finds that the juvenile is dependent-neglected, the court shall determine whether a noncustodial parent contributed to the dependency-neglect and whether the noncustodial parent is a fit parent for purposes of custody or family time. (ii) A noncustodial parent in subdivision (a)(1)(B)(i) of this section is presumed to be a fit parent. (iii) (a) If no prior court order has been entered into evidence concerning custody or family time with the noncustodial parent of the juvenile subject to the dependency-neglect petition, the petitioner shall, and any party may, provide evidence to the court whether the noncustodial parent is unfit for purposes of custody or family time. (b) The petitioner shall provide evidence as to whether the noncustodial parent contributed to the dependency-neglect. (iv) (a) The court may transfer temporary custody or permanent custody to the noncustodial parent after a review of evidence and a finding that it is in the best interest of the juvenile to transfer custody, or the court may order family time with the noncustodial parent. (b) An order of transfer of custody to the noncustodial parent does not relieve the Department of Human Services of the responsibility to provide services to the parent from whom custody was removed, unless the court enters an order to relieve the department of the responsibility. (c) A home study is not required to transfer custody to a parent of the juvenile. (v) If the court determines that the child cannot safely be placed in the custody of the noncustodial parent, the court shall make specific findings of fact regarding the safety factors that need to be corrected by the noncustodial parent before placement or family time with the juvenile. (2) Unless the court finds that a removal occurred due to an emergency and the agency had no prior contact with the family or the child, evidence shall be presented to the court regarding all prior contact between the agency and the juvenile or the family before a finding of reasonable efforts to prevent removal by the department. (3) A finding of reasonable efforts to prevent removal of the juvenile is void if the court determines that the department failed to disclose all prior contact between the agency and juvenile or the family before the finding. (4) (A) The dependency-neglect adjudication hearing shall be held within thirty (30) days after the probable cause hearing under § 9-27-315 . (B) On a motion of the court or any party, the court may continue the adjudication hearing up to sixty (60) days after the removal for good cause shown. (C) (i) The court may continue an adjudication hearing beyond the sixty-day limitation provided in subdivision (a)(4)(B) of this section in extraordinary circumstances. (ii) As used in this subdivision (a)(4)(C), "extraordinary circumstances" includes without limitation the following circumstances: (a) The Supreme Court orders the suspension of in-person court proceedings; and (b) One (1) of the following has occurred: (1) The President of the United States has declared a national emergency; or (2) The Governor has declared a state of emergency or a statewide public health emergency. (5) If the juvenile has previously been adjudicated a dependent-neglected juvenile in the same case in which a motion for a change of custody has been filed to remove the juvenile from the custody of a parent, a subsequent adjudication is required if the ground for the removal is not the same as the ground previously adjudicated. (b) If a juvenile is in detention, an adjudication hearing shall be held, unless the juvenile or a party is seeking an extended juvenile jurisdiction designation, not later than fourteen (14) days from the date of the detention hearing unless waived by the juvenile or good cause is shown for a continuance. (c) In extended juvenile jurisdiction offender proceedings, the adjudication shall be held within the time prescribed by the speedy trial provisions of Rule 28 of the Arkansas Rules of Criminal Procedure. (d) Following an adjudication in which a juvenile is found to be delinquent, dependent-neglected, or a member of a family in need of services, the court may order any studies, evaluations, or predisposition reports, if needed, that bear on disposition. (e) (1) All such reports shall be provided in writing to all parties and counsel at least two (2) days prior to the disposition hearing. (2) All parties shall be given a fair opportunity to controvert any parts of such reports. (f) In dependency-neglect cases, a written adjudication order shall be filed by the court, or by a party or party's attorney as designated by the court, within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner.

Legislative History

Amended by Act 2023, No. 363,§ 9, eff. 8/1/2023. Amended by Act 2020F, No. 144,§ 39, eff. 4/20/2020. Amended by Act 2017, No. 701,§ 2, eff. 8/1/2017 Amended by Act 2015, No. 1024,§ 4, eff. 7/22/2015 Amended by Act 2015, No. 1017,§ 10, eff. 7/22/2015 Amended by Act 2013, No. 1055,§ 19, eff. 8/16/2013 Acts 1989, No. 273, § 26; 1997, No. 1227, § 5; 1999, No. 401, § 6; 1999, No. 1192, § 18; 2001, No. 1503, § 6; 2003, No. 1319, §§ 14, 15; 2007, No. 587, § 14; 2009, No. 956, § 10; 2011, No. 792, § 9 See Act 2020F, No. 144, § 42.