Arkansas Code Annotated

Ark. Code Ann. § 9-27-311 (2026)

Required contents of petition

✓ current as of May 2026

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The petition shall set forth the following:
1. 1. The name, address, gender, Social Security number, and date of birth of each juvenile subject of the petition.
  2. A single petition for dependency-neglect or family in need of services shall be filed that includes all siblings who are subjects of the petition;
2. The name and address of each of the parents or the surviving parent of the juvenile or juveniles;
3. The name and address of the person, agency, or institution having custody of the juvenile or juveniles;
4. The name and address of any other person, agency, or institution having a claim to custody or guardianship of the juvenile or juveniles;
5. In a proceeding to establish paternity, the name and address of both the putative father and the presumed legal father, if any;
6. In a dependency-neglect proceeding, the name and address of a putative parent, if any; and
7. In a dependency-neglect proceeding:
  1. The name, address, gender, and date of birth of any sibling of a juvenile named as respondent to the petition; and
  2. The name of each parent, guardian, or custodian of a sibling of a juvenile named as respondent to the petition.
If the name or address of anyone listed in subsection (a) of this section is unknown or cannot be ascertained by the petitioner with reasonable diligence, this shall be alleged in the petition and the petition shall not be dismissed for insufficiency, but the court shall direct appropriate measures to find and give notice to the persons.
1. All persons named in subdivisions (a)(1)-(3) of this section shall be made defendants and served as required by this subchapter.
2. However:
  1. In dependency-neglect petitions, the juvenile shall have party status and be named in the petition as a respondent and shall be served notice under § 9-27-312;
  2. Unless otherwise provided under subdivision (d)(2)(A) of this section, in a dependency-neglect and termination of parental rights petition, the putative parent shall not be a party unless the circuit court determines that the putative parent:
    1. Has established paternity and the circuit court enters an order establishing the putative parent as the parent for the purposes of this subchapter and directs that the parent be added to the case as a party defendant; or
    2. Has established significant contacts with the juvenile and the circuit court enters an order that putative parent rights have attached and the putative parent shall be added to the case as a party defendant; and
  3. In a paternity action, the petitioner shall name as defendants only the mother, the putative father, or the presumed legal father, if any.
1. 1. The Department of Human Services shall make diligent efforts to identify putative parents in a dependency-neglect proceeding.
  2. Diligent efforts shall include without limitation checking the Putative Father Registry.
2. 1. 1. A petitioner may name and serve a putative parent as a party under § 9-27-312 to resolve the party status and rights under § 9-27-325 or terminate the rights of the putative parent under § 9-27-341.
    2. If the petitioner does not name and serve a putative parent as a party in accordance with subdivision (d)(2)(A)(i) of this section, the petitioner shall provide a putative parent with notice under Rule 4 of the Arkansas Rules of Civil Procedure of a proceeding as soon as the putative parent is identified.
  2. The notice shall include information about:
    1. The method of establishing paternity;
    2. The right of the putative parent to prove significant contacts; and
    3. The right of the putative parent to be heard by the court.
  3. The petitioner shall provide the notice to the court and the parties to the case.
1. The petition shall set forth the following in plain and concise words:
  1. The facts that, if proven, would bring the family or juvenile within the court's jurisdiction;
  2. The section of this subchapter upon which jurisdiction for the petition is based;
  3. The relief requested by the petitioner; and
  4. If a petition for delinquency proceedings, any and all sections of the criminal laws allegedly violated.
2. 1. The petition shall be supported by an affidavit of facts.
  2. A supporting affidavit of facts shall not be required for delinquency, paternity, or termination of parental rights petitions.
  3. The supporting affidavit of facts shall include known information regarding the fitness of the noncustodial parent to be considered for custody, placement, or visitation with the juvenile.
  4. If the petition for dependency-neglect is filed by the department, the supporting affidavit of facts shall include a list of all contact the department has had with the family before the filing of the petition, including without limitation hotline calls accepted for maltreatment, investigations, and open cases.

History. Acts 1989, No. 273, § 10; 1989 (3rd Ex. Sess.), No. 34, § 2; 1995, No. 1184, § 19; 1997, No. 1085, § 1; 1997, No. 1227, § 2; 1999, No. 1340, §§ 10, 11; 2011, No. 1175, § 2; 2015, No. 1017, §§ 3-5; 2015, No. 1022, § 1; 2019, No. 541, §§ 1, 2.

Amendments. The 2011 amendment rewrote (c), redesignated it as (c)(1), and added (c)(2).

The 2015 amendment by No. 1017 added (a)(7); rewrote (c)(2)(B) [now (c)(2)(A)]; and added (d)(2)(C) and (D) [now (e)(2)(C) and (D)].

The 2015 amendment by No. 1022 deleted “and subdivision (a)(6) of this section” preceding “shall” in (c)(1); deleted former (c)(2)(A); redesignated former (c)(2)(B) as (c)(2)(A); inserted present (c)(2)(B) and (C); inserted (d); and redesignated former (d) as (e).

The 2019 amendment, in the introductory language of (c)(2)(B), added “Unless otherwise provided under subdivision (d)(2)(A) of this section” and deleted “named as” preceding “a party”; substituted “as the parent for the purposes of this subchapter” for “as the legal parent” in (c)(2)(B)(i); rewrote (d)(2)(A); and substituted “petitioner” for “department” in (d)(2)(C).

Case Notes

In General.

No less than 72 hours prior to an adjudicatory hearing, the juvenile and his parents or guardian were to be personally served with a written copy of a petition or other notice which included the following information in addition to that which was required by former statute: (1) whether the child is being charged as a delinquent, a juvenile in need of supervision, or as a dependent-neglected child; (2) if a child is charged with delinquency by virtue of having violated a criminal statute, the date and place the alleged acts constituting delinquency occurred, as well as a description of the alleged acts and the names of all persons allegedly involved; (3) the names and addresses of all known witnesses to the alleged acts constituting delinquency; and (4) that the child has the right to compel the attendance of witnesses at the hearing through subpoena. Thomas v. Mears, 474 F. Supp. 908 (E.D. Ark. 1979) (decision under prior law).

Defendants.

The putative father of the children at issue was a defendant and, therefore, had standing to contest the dependency/neglect proceeding, notwithstanding that he was not a legal custodian or a legal guardian of the children. Jorden v. Ark. Dep't of Human Servs., 73 Ark. App. 1, 38 S.W.3d 914 (2001).

Where the Department of Human Services did not make appellant a party to the dependency proceeding for two years despite knowing his putative fatherhood and terminated his parental rights without creating a case plan for him or providing family services, the dictates of this section and § 9-27-312 were not met and he was denied basic due process guarantees. Tuck v. Ark. Dep't of Human Servs., 103 Ark. App. 263, 288 S.W.3d 665 (2008).

Discharge from Hospital.

Discharge of infant from hospital did not violate any affirmative duty under former statute. Harpole v. Ark. Dep't of Human Servs., 820 F.2d 923 (8th Cir. 1987) (decision under prior law).

Cited: Johnson v. Ark. Dep't of Human Servs., 2012 Ark. App. 244, 413 S.W.3d 549 (2012).

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 2001–2022 · leading case: Taffner v. Arkansas Dep't of Human Servs., 2016 Ark. 231 (Ark. 2016).

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Taffner v. Arkansas Dep't of Human Servs., 2016 Ark. 231 (Ark. 2016). · cites it 3× “Further, Ark. Code Ann. § 9-27-311 provides in pertinent part, as follows: (e)(1) The petition shall set forth the following in plain and concise words: (A) The facts that, if proven, would bring the family or juvenile within the court’s jurisdiction; (B) The section of this…”

Johnson v. Arkansas Dep't of Human Servs., 413 S.W.3d 549 (Ark. Ct. App. 2012). · cites it 6× “Evans argues that the trial court erred by failing to dismiss the case because the State did not allege facts in its petition and did not attach an affidavit of facts, both of which are required by Arkansas Code Annotated section 9-27-311 (Supp.2011). We reverse on appellants’…”

Tuck v. Arkansas Dep't of Human Servs., 288 S.W.3d 665 (Ark. Ct. App. 2008). · cites it 3× “It also provides that all adult defendants shall be served with a copy of the petition and either a hearing notice or an order to appear, as provided in the Arkansas Rules of Civil Procedure.”

L.C. v. State, 424 S.W.3d 887 (Ark. Ct. App. 2012). · cites it 2× “argues that petition is deficient because it failed to state any facts that would notify her that a second-degree battery occurred, and it failed to set forth all sections of the criminal law allegedly violated, as required by Ark.”

Sills v. Ark. Dep't of Human Servs., 538 S.W.3d 249 (Ark. Ct. App. 2018). · cites it 2× “Ark. Code Ann. §§ 9-27-311 (a)(2), (a)(6), and (c) (Repl.”

Charles Gabel v. Arkansas Dep't of Human Servs. & Minor Child., 2022 Ark. App. 489 (Ark. Ct. App. 2022). · cites it 4× “(2)(A)(i) If the petitioner has named and served a putative parent under this section and § 9-27-311, the court shall resolve the party status of a putative parent and the rights of the putative parent as a putative father.”

D.S. v. State, 2013 Ark. App. 528 (Ark. Ct. App. 2013). · cites it 2× “Although she was a party in the proceedings below, Ark. Code Ann. § 9-27-311 (Supp. 2011), she did not file an appeal; therefore, we will not consider her points.”

Jorden v. Arkansas Dep't of Human Servs., 38 S.W.3d 914 (Ark. Ct. App. 2001). · cites it 2× “Arkansas Code Annotated section 9-27-311 (Supp. 1999), delineates the necessary contents of a petition filed pursuant to the provisions of the Juvenile Code: (a) The petition shall set forth the following: (6) In a dependency-neglect proceeding, the name and address of a…”

Manken v. Arkansas Dep't of Human Servs., 2016 Ark. App. 100 (Ark. Ct. App. 2016). “20Í5) so as to provide that a putative parent to whom no rights have attached will no longer be made a party to a dependency-neglect proceeding in the first place.”

— Ark. Code Ann. § 9-27-311(c) — 1 case

— Ark. Code Ann. § 9-27-311(d) — 1 case

Johnson v. Arkansas Dep't of Human Servs., 413 S.W.3d 549 (Ark. Ct. App. 2012). “Evans argues that the trial court erred by failing to dismiss the case because the State did not allege facts in its petition and did not attach an affidavit of facts, both of which are required by Arkansas Code Annotated section 9-27-311 (Supp.2011). We reverse on appellants’…”

— Ark. Code Ann. § 9-27-311(d)(1)(A) — 1 case

— Ark. Code Ann. § 9-27-311(d)(l)(D) — 1 case

L.C. v. State, 424 S.W.3d 887 (Ark. Ct. App. 2012). “argues that petition is deficient because it failed to state any facts that would notify her that a second-degree battery occurred, and it failed to set forth all sections of the criminal law allegedly violated, as required by Ark.”

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