§ 9-34-203 — Care of the child and permanency plan

(a) Upon delivery of the child to a medical provider, law enforcement agency, or fire department, the law enforcement officer, an appropriate employee of the fire department, or an appropriate employee of the hospital shall take the child into protective custody for seventy-two (72) hours under the Child Maltreatment Act, § 12-18-101 et seq. (b) (1) The law enforcement officer, employee of the fire department, or employee of the hospital shall immediately notify the Division of Children and Family Services, which shall initiate a dependency-neglect petition under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., and shall proceed under § 9-27-341 . (2) (A) Within fourteen (14) days of filing a dependency-neglect petition, the Department of Human Services shall publish a notification by warning order in a newspaper having general circulation in the county where the proceeding was filed one (1) time a week for four (4) weeks. (B) The notification shall contain: (i) The caption of the pleadings in the dependency-neglect case; (ii) The location where the child was delivered; (iii) The date the child was delivered; and (iv) Notice that a dependency-neglect proceeding has been filed, and that any parent claiming rights to the child must file a responsive pleading or motion and appear before the court hearing the case to defend the parent's claim within thirty (30) days from the date of last publication. (C) If the identity of a parent or child is released or made known to the Department of Human Services in violation of § 9-34-202(b)(2) , the case shall proceed as a dependency-neglect action as defined under § 9-27-303 , but with the same protections from liability as if an anonymous surrender was made under this section. (D) If no responsive pleadings are filed by the parent within thirty (30) days from the date of last publication and there are prospective adoptive parents seeking to adopt the child, the Department of Human Services may proceed with the filing of an adoption petition without further notice.

Legislative History

Amended by Act 2023, No. 348,§ 4, eff. 8/1/2023. Amended by Act 2019, No. 185,§ 4, eff. 7/24/2019. Acts 2001, No. 236, § 1; 2009, No. 758, § 18