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

Ark. Code Ann. § 9-27-310 (2026)

Commencement of proceedings

✓ current as of May 2026
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  1. Proceedings shall be commenced by filing a petition with the circuit clerk of the circuit court or by transfer by another court.
    1. The prosecuting attorney shall have sole authority to file a delinquency petition or petition for revocation of probation.
    2. Only a law enforcement officer, prosecuting attorney, the Department of Human Services or its designee, or a dependency-neglect attorney ad litem employed by or contracting with the Administrative Office of the Courts may file a dependency-neglect petition seeking ex parte emergency relief.
    3. Petitions for dependency-neglect or family in need of services may be filed by:
      1. Any adult; or
      2. Any member ten (10) years of age or older of the immediate family alleged to be in need of services.
    4. Petitions for paternity establishment may be filed by:
      1. The biological mother;
      2. A putative father;
      3. A juvenile; or
      4. The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.
  3. Concurrent with filing, a copy of any petition that requests that the Department of Human Services take custody or provide family services shall be mailed to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the Department of Human Services by the petitioner.
    1. A person may submit to the intake officer for investigation a complaint of acts or omissions that if substantiated would constitute delinquency.
    2. Upon substantiation, the intake officer may refer the matter to the prosecuting attorney or an appropriate agency.
  5. No fees, including, but not limited to, fees for filings, copying, or faxing, including petitions for adoption, petitions for guardianships, summons, or subpoenas shall be charged or collected by the circuit clerk or sheriff's office in cases brought in the circuit court under this subchapter by a governmental entity or nonprofit corporation, including, but not limited to, the prosecuting attorney, an attorney ad litem appointed in a dependency-neglect case, or the Department of Human Services.
  6. If the circuit clerk's office has a fax machine, the circuit clerk, in cases commenced in the circuit court under this subchapter by a governmental entity or nonprofit corporation, including, but not limited to, the prosecuting attorney, an attorney ad litem appointed in a dependency-neglect case, or the Department of Human Services shall accept facsimile transmissions of any papers filed under this subchapter as described in Rule 5 of the Arkansas Rules of Civil Procedure.
  7. An attorney ad litem appointed under § 12-18-1001(e) shall review all relevant information from the juvenile proceeding regarding the child or children for whom protective custody was taken and shall file any pleadings that may be necessary to protect the health, safety, or welfare of the child or children.

History. Acts 1989, No. 273, § 9; 1989 (3rd Ex. Sess.), No. 34, § 1; 1995, No. 533, § 3; 1995, No. 1184, § 18; 1999, No. 1340, §§ 8, 9; 2001, No. 1503, § 3; 2003, No. 1166, § 7; 2005, No. 1990, § 4; 2015, No. 1017, §§ 1, 2; 2019, No. 910, § 5131.

A.C.R.C. Notes. Pursuant to § 1-2-207, subsection (b) of this section is set out above as amended by Acts 1995, No. 1184, § 18. Subsection (b) of this section was also amended by Acts 1995, No. 533, § 3 to read as follows:

“(b)(1) The prosecuting attorney shall have sole authority to file a delinquency petition or petition for revocation of probation.

“(2) Only a law enforcement officer, prosecuting attorney, the Department of Human Services or its designee may file a dependency-neglect petition seeking ex parte emergency relief.

“(3) Petitions for dependency-neglect or family in need of services may be filed by:

“(A) Any adult; or

“(B) Any member ten (10) years or older of the immediate family alleged to be in need of services.

“(4) Petitions for paternity establishment may be filed by:

“(A) The biological mother;

“(B) A putative father;

“(C) A juvenile; or

“(D) The Department of Human Services or the Office of Child Support Enforcement (OCSE).”

Amendments. The 2005 amendment added (f); and, in (e), inserted “copying, or faxing” and “or sheriff's office.”

The 2015 amendment inserted “or a dependency-neglect attorney ad litem employed by or contracting with the Administrative Office of the Courts” in (b)(2); and added (g).

The 2019 amendment substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services” in (c).

Research References

U. Ark. Little Rock L.J.

Note, Civil Procedure — Arkansas Rule of Civil Procedure 53(b) — An End to the Use of Special Referees in Arkansas, 12 U. Ark. Little Rock L.J. 577.

Case Notes

Construction.

The statutes of the juvenile court clearly support the conclusion that a direct transfer of a case is effected by a transfer order; the transfer of the case, viewed from the perspective of the transferor court, in the language of § 9-27-318(b)(2) (“transfer the case to juvenile court”) (now see § 9-27-318(d)), is mirrored in the language of subsection (a) of this section, which provides, from the perspective of the transferee court, that proceedings in juvenile court “shall be commenced by filing a petition with the clerk of the chancery court or by transfer by another court.” Webb v. State, 318 Ark. 581, 886 S.W.2d 624 (1994).

Discretion of Prosecutor.

This subchapter provides that, when a case involves a juvenile 16 years of age or older, and the alleged act would constitute a felony if committed by an adult, the prosecuting attorney has the discretion to file a petition in juvenile court alleging delinquency, or to file charges in circuit court and to prosecute as an adult. State v. Pulaski County Circuit-Chancery Court, 316 Ark. 473, 872 S.W.2d 854 (1994).

Jurisdiction.

Trial court, not the juvenile court, had jurisdiction and the mere detention of defendant in a juvenile facility did not give the juvenile court jurisdiction; because no juvenile proceedings had commenced against defendant, the trial court acquired jurisdiction over the criminal proceedings initiated against him upon the filing of the information charging him as an adult. Morgan v. Norris, 355 Ark. 678, 144 S.W.3d 243 (2004).

Cited: Ark. Dep't of Human Servs. v. Farris, 309 Ark. 575, 832 S.W.2d 482 (1992); Troutt Bros. v. Emison, 311 Ark. 27, 841 S.W.2d 604 (1992); Lowell v. Lowell, 55 Ark. App. 211, 934 S.W.2d 540 (1996).

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1989–2023 · leading case: Troutt Bros., Inc. v. Emison, 841 S.W.2d 604 (Ark. 1992).
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Troutt Bros., Inc. v. Emison, 841 S.W.2d 604 (Ark. 1992). · cites it 12× “Ark.Code Ann. § 9-27-310 (Repl.1991). Subsequent testimony showed that both of the sixteen-year-old girls were later charged as adults in circuit court, one *606 being charged with capital murder, and the other being charged in connection with another homicide.”
Hutton v. Savage, 769 S.W.2d 394 (Ark. 1989). · cites it 8× “We conclude that the legislation which permits the use of masters and referees in juvenile cases, Act 14 of 1987, § 6, Ark.Code Ann. § 9-27-310 (Supp.1987), contravenes the delegation of judicial powers and duties as set forth in our constitution and constitutes an unauthorized…”
Ingle v. Arkansas Dep't of Human Servs., 2014 Ark. 471 (Ark. 2014). · cites it 4× “Additionally, DHS could have retained custody of C.N. with Neal while it opened a new dependency-neglect case by filing a new petition for emergency custody, with a new docket number, seeking an emergency removal of custody from Ingle because of her six felony charges.”
Arkansas Dep't of Human Servs. v. R.P., 970 S.W.2d 225 (Ark. 1998). · cites it 4× “Ark. Code Ann. § 9-27-310 (b)(3)(A) (Repl.”
Arkansas Dep't of Human Servs. v. Farris, 832 S.W.2d 482 (Ark. 1992). · cites it 4× “On December 2, 1989, DHS filed a dependency/neglect petition in the White County Chancery Court pursuant to Ark. Code Ann. § 9-27-310 (Repl.1991) and obtained *483 emergency custody of the children based on allegations by Amanda, Lora, and Theresa that they had been sexually…”
San Francisco Human Servs. Agency v. Felicia C., 199 Cal. App. 4th 784 (Cal. Ct. App. 2011). “§ 8-841 ; Ark. Code Ann. § 9-27-310 ; Colo. Rev. Stat.”
In Re Ct, 121 Cal. Rptr. 2d 897 (Cal. Ct. App. 2002). “(Ark.Code Ann. § 9-27-310(b)(3)(A).) "The courts of the home state of the child are equally well suited to remedy the ills [that] result from alleged parental abuse or neglect.”
State v. D.S., 378 S.W.3d 87 (Ark. 2011). · cites it 2× “The critical issue in this case is whether Arkansas Code Annotated section 9-27-310(b)(1) of the juvenile code, which delegates the sole authority to file a delinquency petition to the prosecutor, functions in a similar manner to amendment 21 in criminal proceedings.”
L.C. v. State, 424 S.W.3d 887 (Ark. Ct. App. 2012). · cites it 2× “Ark. Code Ann. § 9-27-310 (a) (Repl.2009).”
Webb v. State, 886 S.W.2d 624 (Ark. 1994). · cites it 2× “In fact, we note that the statutes of our juvenile court clearly support our conclusion that a direct transfer of the case is effected by the transfer order in that the transfer of the case, viewed from the perspective of the transferor court, in the language of section…”
T.C. v. State, 364 S.W.3d 53 (Ark. 2010). · cites it 2× “” Under section 9-27-310(a), proceedings are commenced by filing a petition with the circuit clerk of the circuit court or by transfer from another court.”
Lowell v. Lowell, 934 S.W.2d 540 (Ark. Ct. App. 1996). · cites it 2× “Ark. Code Ann. § 9-27-310 (b)(3)(A) (Supp.”
Show all 23 citing cases →
— Ark. Code Ann. § 9-27-310(a) — 5 cases
Troutt Bros., Inc. v. Emison, 841 S.W.2d 604 (Ark. 1992). “Ark.Code Ann. § 9-27-310 (Repl.1991). Subsequent testimony showed that both of the sixteen-year-old girls were later charged as adults in circuit court, one *606 being charged with capital murder, and the other being charged in connection with another homicide.”
T.C. v. State, 364 S.W.3d 53 (Ark. 2010). “” Under section 9-27-310(a), proceedings are commenced by filing a petition with the circuit clerk of the circuit court or by transfer from another court.”
Morgan v. Norris, 144 S.W.3d 243 (Ark. 2004).
TC v. State, 364 S.W.3d 53 (Ark. 2010).
CH v. State, 365 S.W.3d 879 (Ark. 2010).
— Ark. Code Ann. § 9-27-310(b)(1) — 1 case
State v. D.S., 378 S.W.3d 87 (Ark. 2011). “The critical issue in this case is whether Arkansas Code Annotated section 9-27-310(b)(1) of the juvenile code, which delegates the sole authority to file a delinquency petition to the prosecutor, functions in a similar manner to amendment 21 in criminal proceedings.”
— Ark. Code Ann. § 9-27-310(b)(3)(A) — 2 cases
Arkansas Dep't of Human Servs. v. R.P., 970 S.W.2d 225 (Ark. 1998). “Ark. Code Ann. § 9-27-310 (b)(3)(A) (Repl.”
In Re Ct, 121 Cal. Rptr. 2d 897 (Cal. Ct. App. 2002). “(Ark.Code Ann. § 9-27-310(b)(3)(A).) "The courts of the home state of the child are equally well suited to remedy the ills [that] result from alleged parental abuse or neglect.”
— Ark. Code Ann. § 9-27-310(b)(4)(D) — 1 case
Jorden v. Arkansas Dep't of Human Servs., 38 S.W.3d 914 (Ark. Ct. App. 2001).
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