§ 9-27-703 — Commission for Parent Counsel

(a) (1) (A) There is created a Commission for Parent Counsel consisting of seven (7) members appointed to serve six-year staggered terms, each of whom shall serve until a qualified successor is appointed. (B) The membership of the Commission for Parent Counsel shall be appointed in the following manner: (i) Three (3) members appointed by the Governor; (ii) One (1) member appointed by the President Pro Tempore of the Senate; (iii) One (1) member appointed by the Speaker of the House of Representatives; and (iv) Two (2) members appointed by the Chief Justice of the Supreme Court. (C) A vacancy shall be filled in the same manner as a regular appointment. (D) A member of the Commission for Parent Counsel may be reappointed to a successive term or terms or to fill another vacancy on the Commission for Parent Counsel. (E) A member of the Commission for Parent Counsel shall not be currently active in any position within the child welfare system. (2) (A) One (1) of the appointments by the Governor shall be an attorney with at least ten (10) years of experience in dealing with child welfare legal matters. (B) The appointment by the President Pro Tempore of the Senate shall be an attorney with at least five (5) years of experience in dealing with child welfare legal matters. (C) One (1) of the appointments by the Chief Justice of the Supreme Court shall be a retired circuit court judge who served in the juvenile division of a circuit court. (D) For each of the remaining appointments not listed in subdivisions (a)(2)(A)-(C) of this section, it is preferable, but not required, that the appointee has served in a capacity associated with child welfare or has familiarity with the child welfare system. (b) Each year the Commission for Parent Counsel shall elect a chair from its membership. (c) Members of the Commission for Parent Counsel shall not receive pay for their services, but each member may receive expense reimbursement in accordance with § 25-16-901 et seq. (d) A minimum of four (4) members of the Commission for Parent Counsel is necessary for a quorum. (e) (1) Members of the Commission for Parent Counsel may meet or talk with each other, support staff and administrative staff, and attorneys who contract with the Commission for Parent Counsel to provide services concerning the quality and assessment of an attorney's representation of the attorney's clients without being subject to the requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) (A) Otherwise, all deliberations by the Commission for Parent Counsel shall be open to the public. (B) A deliberation that includes a discussion, in whole or in part, of an attorney's representation of a specific client may be closed to the public in order to protect the client's privacy. (f) (1) Financial support staff, financial data entry staff and facilities, and operating assistance for the Commission for Parent Counsel shall be provided by the Arkansas Public Defender Commission from funds that are specifically appropriated for that purpose by the General Assembly. (2) However, the Arkansas Public Defender Commission shall not have oversight responsibility or authority over the Commission for Parent Counsel. (3) Under no circumstances shall: (A) The Commission for Parent Counsel exercise oversight of the Executive Director of the Arkansas Public Defender Commission; (B) The Arkansas Public Defender Commission exercise oversight of the Executive Director of the Commission for Parent Counsel; and (C) Either the Executive Director of the Arkansas Public Defender Commission or the Executive Director of the Commission for Parent Counsel be under the oversight of the other executive director.

Legislative History

Amended by Act 2023, No. 618,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 871,§ 15, eff. 7/1/2019. Added by Act 2017, No. 861,§ 6, eff. 8/1/2017