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Arkansas Code Title 9. Family Law § 9-28-208. Order of commitment

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

(a)(1) An order of commitment to the Division of Youth Services shall state that the juvenile is found to be delinquent and shall state information regarding the underlying facts of the adjudication.

(2) No circuit court may commit a juvenile found solely in criminal contempt to the Division of Youth Services.

(3) All healthcare providers shall transmit to the Division of Youth Services all medical and health information on the committed juvenile within three (3) days from the request of the Division of Youth Services, including individually identifiable health information needed for the Division of Youth Services to assume the role of caretaker for the committed juvenile.

(4) The committed juvenile's school or current educational setting shall transmit the education record, as defined by rule of the Division of Elementary and Secondary Education, to the Division of Youth Services within ten (10) school days from the request from the Division of Youth Services.

(b)(1) Upon entry of an order of detention and commitment to a youth services center pursuant to § 9-27-330 or § 9-27-509, a court shall transmit to the Division of Youth Services:

(A) A copy of the commitment order;

(B) A copy of the validated risk assessment instrument; and

(C) Records or information pertaining to the juvenile compiled by the intake officer or juvenile probation officer that shall include:

(i) Information on the juvenile's background, history, behavioral tendencies, and family status;

(ii) The reasons for the juvenile's commitment;

(iii) The name of the school in which the juvenile is currently or was last enrolled;

(iv) The juvenile's offense history;

(v) The juvenile's placement history;

(vi) A copy of all psychological or psychiatric evaluations or examinations performed on the juvenile admitted into evidence or ordered by the court while under the jurisdiction of the court or the supervision of the court staff;

(vii) A comprehensive list of all current medications taken by the juvenile; and

(viii) A comprehensive list of all medical treatment currently being provided to the juvenile.

(2) The records or information specified in subdivision (b)(1) of this section shall be delivered to the Division of Youth Services prior to or at the time the juvenile is transported to a youth services center.

(3) Information relating to the committing offense is exclusively for the benefit of the Division of Youth Services and shall not be disclosed by Division of Youth Services officials or employees without written authorization of the committing court, except for data and statistical compilations as otherwise provided by law.

(c) Except when an extended juvenile jurisdiction offender is committed to the Division of Youth Services, an order of commitment shall remain in effect for an indeterminate period not exceeding two (2) years, subject to extension by the committing court for additional periods of one (1) year if the court finds an extension is necessary to safeguard the welfare of the juvenile or the interest of the public.

(d) Commitment shall not exceed the twenty-first birthday of a juvenile.

(e) When an order of commitment includes recommendations for a specific type of placement, the Division of Youth Services shall consider those recommendations in making a placement.

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Cite this article: FindLaw.com - Arkansas Code Title 9. Family Law § 9-28-208. Order of commitment - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-9-family-law/ar-code-sect-9-28-208/

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