Arkansas
| Code | Subject Matter |
| Arkansas Code § 9-27-309 | Juvenile Courts And Proceedings: Confidentiality of records |
| Arkansas Code § 9-27-320 | Juvenile Courts And Proceedings: Fingerprinting or photographing |
| Arkansas Code § 9-27-348 | Juvenile Courts And Proceedings: Publication of proceedings |
| Arkansas Code § 9-27-402 | Dependency-Neglect Representation: Case plans |
Title 9 Family Law
Subtitle 3. Minors
Chapter 27 Juvenile Courts And Proceedings
Subchapter 3 -- Arkansas Juvenile Code
A.C.A. § 9-27-309 (2008)
9-27-309. Confidentiality of records.
(a) All records may be closed and confidential within the discretion of the circuit court, except:
(1) Adoption records shall be closed and confidential as provided in the Revised Uniform Adoption Act, § 9-9-201 et seq.;
(2) Records of delinquency adjudications for which a juvenile could have been tried as an adult shall be made available to prosecuting attorneys for use at sentencing if the juvenile is subsequently tried as an adult or to determine if the juvenile should be tried as an adult; and
(3) Records of delinquency adjudications for a juvenile adjudicated delinquent for any felony or a Class A misdemeanor wherein violence or a weapon was involved shall be made available to the Arkansas Crime Information Center.
(b) (1) (A) Records of delinquency adjudications for which a juvenile could have been tried as an adult shall be kept for ten (10) years after the last adjudication of delinquency or the date of a plea of guilty or nolo contendere or a finding of guilt as an adult.
(B) Thereafter they may be expunged.
(2) The court may expunge other juvenile records at any time and shall expunge all the records of a juvenile upon his or her twenty-first birthday, in other types of delinquency, dependency-neglect, or families in need of services cases.
(3) For purposes of this section, "expunge" means to destroy.
(c) Records of juveniles who are designated as extended juvenile jurisdiction offenders shall be kept for ten (10) years after the last adjudication of delinquency, date of plea of guilty or nolo contendere, or finding of guilt as an adult, or until the juvenile's twenty-first birthday, whichever is longer.
(d) (1) If an adult criminal sentence is imposed on an extended juvenile jurisdiction offender, the record of that case shall be considered an adult criminal record.
(2) (A) The court shall enter an order transferring the juvenile record to the clerk who is the custodian of adult criminal records.
(B) The clerk shall assign a criminal docket number and shall maintain the file as if the case had originated as a criminal case.
(e) Nothing in this section applies to or restricts the use or publication of statistics, data, or other materials that summarize or refer to any records, reports, statements, notes, or other information in the aggregate and that do not refer to or disclose the identity of any juvenile defendant in any proceeding when used only for the purpose of research and study.
(f) Nothing in this subchapter shall preclude prosecuting attorneys or the court from providing information, upon written request, concerning the disposition of juveniles who have been adjudicated delinquent to:
(1) The victim or his or her next of kin; or
(2) The school superintendent of the school district in which the juvenile is currently enrolled.
(g) When a juvenile is adjudicated delinquent for an offense for which he or she could have been charged as an adult or for unlawful possession of a handgun, § 5-73-119, the prosecuting attorney shall notify the school superintendent of the school district in which the juvenile is currently enrolled.
(h) Information provided pursuant to subsections (f) and (g) of this section shall not be released in violation of any state or federal law protecting the privacy of the juvenile.
(i) (1) If a juvenile is arrested for unlawful possession of a firearm under § 5-73-119, an offense involving a deadly weapon under § 5-1-102, or battery in the first degree under § 5-13-201, the arresting agency shall as soon as practical and with all reasonable haste cause written notification of the arrest to be given to the superintendent of the school district in which the juvenile is currently enrolled.
(2) (A) The superintendent shall then notify the principal and the resource officer of the school in which the juvenile is currently enrolled.
(B) The arrest information shall be treated as confidential information and shall not be disclosed by the superintendent to any person other than the principal and resource officer, who shall also maintain the information as confidential.
(3) The arrest information shall be used by the school only for the limited purpose of obtaining services for the juvenile or to ensure school safety.
9-27-320. Fingerprinting or photographing.
(a) (1) When a juvenile is arrested for any offense that if committed by an adult would constitute a felony or a Class A misdemeanor in which violence or the use of a weapon was involved, the juvenile shall be photographed and fingerprinted by the law enforcement agency.
(2) In the case of an allegation of delinquency, a juvenile shall not be photographed or fingerprinted under this subchapter by any law enforcement agency unless he or she has been taken into custody for the commission of an offense that, if committed by an adult, would constitute a felony or a Class A misdemeanor in which violence or the use of a weapon was involved.
(b) (1) Copies of a juvenile's fingerprints and photographs shall be made available only to other law enforcement agencies, the Arkansas Crime Information Center, prosecuting attorneys, and the juvenile division of circuit court.
(2) Photographs and fingerprints of juveniles adjudicated delinquent for offenses for which they could have been tried as adults shall be made available to prosecuting attorneys and circuit courts for use at sentencing in subsequent adult criminal proceedings against those same individuals.
(3) (A) When a juvenile departs without authorization from a youth services center or other facility operated by the Division of Youth Services of the Department of Human Services for the care of delinquent juveniles, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the Director of the Division of Youth Services of the Department of Human Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information the Director of the Division of Youth Services of the Department of Human Services deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare.
(B) When a juvenile departs without authorization from the State Hospital, if at the time of departure the juvenile is committed as a result of an acquittal on the grounds of mental disease or defect for an offense for which the juvenile could have been tried as an adult, the Director of the Division of Behavioral Health of the Department of Human Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information the director deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare.
(C) When a juvenile departs without authorization from a local juvenile detention facility, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the director of the juvenile detention facility shall release to the general public the name, age, and description of the juvenile and any other pertinent information the director deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare.
(c) Each law enforcement agency in the state shall keep a separate file of photographs and fingerprints, it being the intention that the photographs and fingerprints of juveniles not be kept in the same file with those of adults.
(d) However, in any case in which the juvenile is found not to have committed the alleged delinquent act, the circuit court may order any law enforcement agency to return all pictures and fingerprints to the circuit court and shall order the law enforcement agency that took the juvenile into custody to mark the arrest record with the notation "found not to have committed the alleged offense".
9-27-348. Publication of proceedings.
No information by which the name or identity of a juvenile who is the subject of proceedings under this subchapter may be ascertained shall be published by the news media without written order of the circuit court.
Title 9 Family Law
Subtitle 3. Minors
Chapter 27 Juvenile Courts And Proceedings
Subchapter 4 -- Division of Dependency-Neglect Representation
A.C.A. § 9-27-402 (2008)
(a) A case plan shall be developed in all dependency-neglect cases or any case involving an out-of-home placement. The Department of Human Services shall be responsible for developing case plans in all dependency-neglect cases, and in family in need of services or delinquency cases when custody is transferred to the department, pursuant to § 9-27-328. The case plan shall be:
(1) (A) Developed in consultation with the juvenile's parent, guardian, or custodian and, if appropriate, the juvenile, the juvenile's foster parents, the court-appointed special advocate, the juvenile's attorney ad litem, and all parties' attorneys.
(B) If the parents are unwilling or unable to participate in the development of the case plan, the department shall document that unwillingness or inability and provide this written documentation to the parent, if available. The department shall then prepare a case plan conforming as nearly as possible with the requirements set forth in this section.
(C) A parent's incarceration, by itself, does not make a parent unavailable to participate in the development of a case plan;
(2) (A) Developed and filed with the court no later than thirty (30) days after the date the petition was filed or the juvenile was first placed out of home, whichever is sooner.
(B) If the department does not have sufficient information prior to the adjudication hearing to complete all of the case plan, the department shall complete those parts for which information is available.
(C) All parts of the case plan shall be completed and filed with the court thirty (30) days after the adjudication hearing;
(3) Signed by and distributed to all parties, and distributed to the juvenile's attorney ad litem, court-appointed special advocate, and foster parents, if available; and
(4) (A) Subject to modification based on changing circumstances.
(B) All parties to the case plan shall be notified of any substantive change to the case plan.
(C) A substantive change to a case plan includes, but is not limited to, such changes as the placement of the juvenile, the visitation rights of any party, or the goal of the plan.
(b) When the juvenile is receiving services in the home of the parent, guardian, or custodian, the case plan shall include at a minimum, in addition to the requirements in subsection (a) of this section:
(1) A description of the problems being addressed;
(2) A description of the services to be provided to the family and juvenile specifically addressing the identified problems and time frames for providing services;
(3) A description of any reasonable accommodations made to parents in accordance with the Americans with Disabilities Act of 1990 to assure to all the parents meaningful access to reunification and family preservation services;
(4) The name of an individual who the petitioner, parent, guardian, or custodian knows is claiming to be or who is named as the father or possible father of the juvenile and whose paternity of the juvenile has not been judicially determined; and
(5) A description of how the juvenile's health and safety will be protected.
(c) When the juvenile is receiving services in an out-of-home placement, the case plan must include at a minimum, in addition to the requirements in subsections (a) and (b) of this section:
(1) A description of the permanency goal;
(2) The specific reasons for the placement of the juvenile in care outside the home, including a description of the problems or conditions in the home of the parent, guardian, or custodian that necessitated removal of the juvenile and the remediation of which will determine the return of the juvenile to the home;
(3) A description of the type of out-of-home placement selected for the juvenile, including a discussion of the appropriateness of the placement;
(4) A plan for addressing the needs of the juvenile while in the placement, with emphasis on the health and safety safeguards in place for the child, including a discussion of the services provided within the last six (6) months;
(5) (A) The specific actions to be taken by the parent, guardian, or custodian of the juvenile to eliminate or correct the identified problems or conditions and the period during which the actions are to be taken.
(B) The plan may include any person or agency who shall agree to and be responsible for the provision of social and other family services to the juvenile or the parent, guardian, or custodian of the juvenile;
(6) The visitation rights and obligations of the parent, guardian, or custodian and the state agency during the period the juvenile is in the out-of-home placement;
(7) The social and other family services to be provided to the parent, guardian, or custodian of the juvenile, and foster parent, if any, during the period the juvenile is in placement and a timetable for the provision of those services, the purposes of which shall be to promote the availability to the juvenile of a continuous and stable living environment, promote family autonomy, strengthen family life when possible, and promote the reunification of the juvenile with the parent, guardian, or custodian;
(8) To the extent available and accessible, the health and education records of the juvenile, pursuant to 42 U.S.C. § 675(1);
(9) A description of the financial support obligation to the juvenile, including health insurance of the juvenile's parent, parents, or guardian;
(10) (A) A description of the location of siblings.
(B) If siblings have been separated, a statement of the reasons for separation and the efforts that have been and will be made to enable the siblings to maintain regular contact while separated and to be reunited as soon as possible;
(11) When appropriate for a juvenile sixteen (16) years of age and over, the case plan must also include a written description of the programs and services that will help the juvenile prepare for the transition from foster care to independent living; and
(12) A written notice to the parent or parents that failure of the parent or parents to comply substantially with the case plan may result in the termination of parental rights and that a material failure to comply substantially may result in the filing of a petition for termination of parental rights sooner than the compliance periods set forth in the case plan itself.
(d) The case plan is subject to court approval upon review by the court.
(e) A parent's, guardian's, or custodian's participation in the development or the acceptance of a case plan shall not constitute an admission of dependency-neglect.