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Arkansas Code Title 9. Family Law § 9-27-315. Probable cause hearing

Current as of March 28, 2024 | Updated by Findlaw Staff

(a)(1)(A) Following the issuance of an emergency order, the circuit court shall hold a probable cause hearing within five (5) business days of the issuance of the ex parte order to determine if probable cause to issue the emergency order continues to exist.

(B)(i) The hearing shall be limited to the purpose of determining whether probable cause existed to protect the juvenile and to determine whether probable cause still exists to protect the juvenile.

(ii) However, the issues as to custody and delivery of services may be considered by the court and appropriate orders for custody and delivery of services entered by the court.

(iii) If the defendant stipulates that probable cause exists, the only evidence that is presented at the probable cause hearing shall be:

(a) Evidence pertaining to family time; and

(b) Evidence pertaining to services delivered to the family.

(iv) A parent shall not be compelled to testify under any circumstances.

(v) For the sole purpose of the probable cause hearing, the stipulation of a parent that probable cause exists shall also serve as a stipulation to the introduction of the affidavit of the plaintiff.

(2)(A) All other issues, with the exception of custody and services, shall be reserved for hearing by the court at the adjudication hearing, which shall be a separate hearing conducted subsequent to the probable cause hearing.

(B) By agreement of the parties and with the court's approval, the adjudication hearing may be conducted at any time after the probable cause hearing, subject to § 9-27-327(a)(2).

(b) The petitioner shall have the burden of proof by a preponderance of evidence that probable cause exists for continuation of the emergency order.

(c) If the court determines that the juvenile can safely be returned to his or her home pending adjudication and it is in the best interest of the juvenile, the court shall so order.

(d)(1) At the probable cause hearing, the court shall set the time and date of the adjudication hearing.

(2) A written 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.

(e) All probable cause hearings are miscellaneous proceedings as defined in Rule 1101(b)(3) of the Arkansas Rules of Evidence, and the rules of evidence, including, but not limited to, the hearsay rule, Rule 802 of the Arkansas Rules of Evidence, are not applicable.

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Cite this article: FindLaw.com - Arkansas Code Title 9. Family Law § 9-27-315. Probable cause hearing - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-9-family-law/ar-code-sect-9-27-315/

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