Ark. Code Ann. » Title 9 Chapter 27
Arkansas Code Annotated

Ark. Code Ann. § 9-27-305 (2020)

Applicability

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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Any juvenile within this state may be subjected to the care, custody, control, and jurisdiction of the circuit court.

History. Acts 1989, No. 273, § 4; 2003, No. 1166, § 3.

Cross References. Transition provisions, tenure of present justices and judges, and jurisdiction of present courts, Ark. Const. Amend. 80, § 19.

Case Notes

Possession of Handgun.

Regardless of an adult's immunity from prosecution for the mere possession of a handgun, the General Assembly has clearly made the possession of a handgun a misdemeanor offense for juveniles; the juvenile court has jurisdiction of a juvenile charged with possession of a handgun. Lucas v. State, 319 Ark. 752, 894 S.W.2d 891 (1995).

Cited: Nance v. Ark. Dep't of Human Servs., 316 Ark. 43, 870 S.W.2d 721 (1994).

Notes of Decisions
Cited in 6 cases, 1994–2008 · leading case: Rosario v. State, 894 S.W.2d 888 (Ark. 1995).
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Rosario v. State, 894 S.W.2d 888 (Ark. 1995). · cites it 4× “We reasoned in Lucas that, regardless of whether or not an adult is vulnerable to prosecution for mere possession of a handgun, the General Assembly clearly made possession of a handgun a misdemeanor offense for a minor, and placed jurisdiction of the offense in the juvenile…”
Porter v. Arkansas Dep't of Health & Human Servs., 286 S.W.3d 686 (Ark. 2008). · cites it 2× “” Ark. Code Ann. § 9-27-305 . Further, a juvenile is defined as “an individual who is [f]rom birth to eighteen (18) years of age, whether married or single.”
Nance v. Arkansas Dep't of Human Servs., 870 S.W.2d 721 (Ark. 1994). · cites it 4× “Section 9-27-334(a)(2) allows a juvenile court, pursuant to a finding that a juvenile is dependent-neglected, to transfer custody to DHS, another licensed agency, "or to a relative or other individual.”
Baptist Health v. Circuit Court of Pulaski Cnty., 284 S.W.3d 499 (Ark. 2008). · cites it 2× “2 Ark. Code Ann. § 9-27-305 (Repl. 2008) provides that “[a]ny juvenile within this state may be subjected to the care, custody, control, and jurisdiction of the circuit court.”
Lucas v. State, 894 S.W.2d 891 (Ark. 1995). · cites it 3× “Under the plain language of Ark. Code Ann. § 9-27-305 (Repl. 1993), any juvenile may be subjected to the care, custody, control, and jurisdiction of the juvenile court.”
Jones v. State, 894 S.W.2d 591 (Ark. 1995). · cites it 2× “2d 891 , we held we would not construe the Arkansas Juvenile Code of 1989 to achieve absurd results patently contrary to the clear legislative intent expressed in Ark. Code Ann. § 9-27-305 (Repl. 1993) to subject any juvenile to the jurisdiction of the juvenile court.”
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