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

Ark. Code Ann. § 9-27-312 (2026)

Notification to defendants

✓ current as of May 2026
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  1. In a delinquency and family-in-need-of-services case, a juvenile defendant ten (10) years of age and above, any persons having care and control of the juveniles, and all adult defendants shall be served with a copy of the petition and either a notice of hearing or order to appear in the manner provided by the Arkansas Rules of Civil Procedure.
  2. In a dependent-neglected case:
    1. A juvenile respondent shall be served with a copy of the petition and all other pleadings by serving the juvenile's attorney ad litem in accordance with Rule 5 of the Arkansas Rules of Civil Procedure; and
    2. Each adult defendant shall be served in the manner provided in the Arkansas Rules of Civil Procedure with a copy of the petition and either a notice of a hearing or an order to appear.

History. Acts 1989, No. 273, § 11; 2015, No. 825, § 1.

Amendments. The 2015 amendment designated the existing language as (a); substituted “In a delinquency and family in need of services case, a juvenile defendant” for “All juvenile defendants” in (a); and added (b).

Case Notes

Noncompliance.

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 § 9-27-311 and this section 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).

Cited: T.S.B. v. Robinson, 2019 Ark. App. 359, 586 S.W.3d 650 (2019).

Notes of Decisions
Cited in 4 cases, 2008–2019 · leading case: T.S.B. v. Robinson, 2019 Ark. App. 359 (Ark. Ct. App. 2019).
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T.S.B. v. Robinson, 2019 Ark. App. 359 (Ark. Ct. App. 2019). · cites it 4× “liberty interest in living with her grandmother and her property interest in her survivor’s annuity; (3) that Arkansas Code Annotated section 9-27-312 (Repl. 2015) is ambiguous and should be interpreted to require service of the petition for change of custody in a FINS…”
Tuck v. Arkansas Dep't of Human Servs., 288 S.W.3d 665 (Ark. Ct. App. 2008). · cites it 2× “Ark. Code Ann. § 9-27-312 (Repl. 2008). These elemental protections serve to identify the juvenile and his parents, place them within the system, and facilitate the provision of services in hopes of preserving the family.”
Blackerby v. Arkansas Dep't of Human Servs., 373 S.W.3d 375 (Ark. Ct. App. 2009). · cites it 2× “Appellant cites Arkansas Code Annotated section 9-27-312 (Repl.2008) regarding the requirement that service of a petition for the termination of parental rights and notice of hearing or order must be obtained in the manner provided by Rule 4(f) (2008) of the Arkansas Rules of…”
Sills v. Ark. Dep't of Human Servs., 538 S.W.3d 249 (Ark. Ct. App. 2018). · cites it 2× “Ark. Code Ann. § 9-27-312 (Repl. 2008). These elemental protections serve to identify the juvenile and his parents, place them within the system, and facilitate the provision of services in hopes of preserving the family.”
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