§ 9-27-325 - Hearings -- Generally.
9-27-325. Hearings -- Generally.
(a) (1) (A) All hearings shall be conducted by the judge without a jury, except as provided by the Extended Juvenile Jurisdiction Act, 9-27-501 et seq.
(B) If a juvenile is designated an extended juvenile jurisdiction offender, the juvenile shall have a right to a jury trial at the adjudication.
(2) The juvenile shall be advised of the right to a jury trial by the court following a determination that the juvenile will be tried as an extended juvenile jurisdiction offender.
(3) The right to a jury trial may be waived by a juvenile only after being advised of his or her rights and after consultation with the juvenile's attorney.
(4) The waiver shall be in writing and signed by the juvenile and the juvenile's attorney.
(b) (1) The defendant need not file a written responsive pleading in order to be heard by the court.
(2) In dependency-neglect proceedings, retained counsel shall file a notice of appearance immediately upon acceptance of representation, with a copy to be served on the petitioner.
(c) (1) At the time set for hearing, the court may:
(A) Proceed to hear the case only if the juvenile is present or excused for good cause by the court; or
(B) Continue the case upon determination that the presence of an adult defendant is necessary.
(2) Upon determining that a necessary party is not present before the court, the court may:
(A) Issue an order for contempt if the juvenile was served with an order to appear; or
(B) Issue an order to appear, with a time and place set by the court for hearing, if the juvenile was served with a notice of hearing.
(d) (1) The court shall be a court of record.
(2) A record of all proceedings shall be kept in the same manner as other proceedings of circuit court and in accordance with rules promulgated by the Supreme Court.
(e) (1) Unless otherwise indicated, the Arkansas Rules of Evidence shall apply.
(2) (A) Upon motion of any party, the court may order that the father, mother, and child submit to scientific testing for drug or alcohol abuse.
(B) A written report of the test results prepared by the person conducting the test, or by a person under whose supervision or direction the test and analysis have been performed, certified by an affidavit subscribed and sworn to by him or her before a notary public, may be introduced in evidence without calling the person as a witness unless a motion challenging the test procedures or results has been filed within thirty (30) days before the hearing and bond is posted in an amount sufficient to cover the costs of the person's appearance to testify.
(C) (i) If contested, documentation of the chain of custody of samples taken from test subjects shall be verified by affidavit of one (1) person's witnessing the procedure or extraction, packaging, and mailing of the samples and by one (1) person's signing for the samples at the place where the samples are subject to the testing procedure.
(ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of those specimens.
(D) Whenever a court orders scientific testing for drug or alcohol abuse and one (1) of the parties refuses to submit to the testing, that refusal shall be disclosed at trial and may be considered civil contempt of court.
(f) Except as otherwise provided in this subchapter, the Arkansas Rules of Civil Procedure shall apply to all proceedings and the Arkansas Rules of Criminal Procedure shall apply to delinquency proceedings.
(g) All parties shall have the right to compel attendance of witnesses in accordance with the Arkansas Rules of Civil Procedure and the Arkansas Rules of Criminal Procedure.
(h) (1) The petitioner in all proceedings shall bear the burden of presenting the case at hearings.
(2) The following burdens of proof shall apply:
(A) Proof beyond a reasonable doubt in delinquency hearings;
(B) Proof by a preponderance of the evidence in dependency-neglect, family in need of services, and probation revocation hearings; and
(C) Proof by clear and convincing evidence for hearings to terminate parental rights and transfer hearings and in hearings to determine whether or not reunification services shall be provided.
(i) (1) All hearings involving allegations and reports of child maltreatment and all hearings involving cases of children in foster care shall be closed.
(2) All other hearings may be closed within the discretion of the court, except that in delinquency cases the juvenile shall have the right to an open hearing, and in adoption cases the hearings shall be closed as provided in the Revised Uniform Adoption Act, 9-9-201 et seq.
(j) Except as provided in 9-27-502, in any juvenile delinquency proceeding in which the juvenile's fitness to proceed is put in issue by any party or the court, the provisions of 5-2-301 et seq. shall apply.
(k) In delinquency proceedings, juveniles are entitled to all defenses available to criminal defendants in circuit court.
(l) (1) The Department of Human Services shall provide to foster parents and preadoptive parents of a child in department custody notice of any proceeding to be held with respect to the child.
(2) Relative caregivers shall be provided notice by the original petitioner in the juvenile matter.
(3) (A) The court shall allow foster parents, preadoptive parents, and relative caregivers an opportunity to be heard in any proceeding held with respect to a child in their care.
(B) Foster parents, adoptive parents, and relative caregivers shall not be made parties to the proceeding solely on the basis that the persons are entitled to notice and the opportunity to be heard.
(C) Foster parents, preadoptive parents, and relative caregivers shall have the right to be heard in any proceeding.
(m) (1) (A) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any dependency-neglect proceeding involving a grandchild who is twelve (12) months of age or younger when:
(i) The grandchild resides with this grandparent for at least six (6) continuous months prior to his or her first birthday;
(ii) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent;
(iii) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated; and
(iv) Notice to a grandparent under subdivision (m)(1)(A) of this section shall be given by the department; and
(B) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any dependency-neglect proceeding involving a grandchild who is twelve (12) months of age or older when:
(i) The grandchild resides with this grandparent for at least one (1) continuous year regardless of age;
(ii) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and
(iii) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated.
(2) For purposes of this subsection, "grandparent" does not mean a parent of a putative father of a child.
(n) (1) The department shall exercise due diligence to identify and provide notice to all adult grandparents and other adult relatives of a juvenile transferred to the custody of the department.
(2) The notice provided under this subsection shall:
(A) Be within thirty (30) days after the juvenile is transferred to the custody of the department; and
(B) Include adult grandparents or adult relatives suggested by the parents.
(3) The notice provided under this subsection is not required if the adult grandparents or other adult relatives have:
(A) A pending charge or past conviction or plea of guilty or nolo contendere for family or domestic violence; or
(B) A true finding of child maltreatment in the Child Maltreatment Central Registry.
(4) The content of the notice under this subsection shall include:
(A) A statement that the juvenile has been or is being removed from the parent;
(B) The option to participate in the care of, placement with, and visitation with the child, including any options that may be lost by failing to respond to the notice;
(C) The requirements to become a provisional foster home and the additional services and supports that are available for children in a foster home; and
(D) If kinship guardianship is available, how the relative could enter into an agreement with the department.