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

Ark. Code Ann. § 9-27-313 (2020)

Taking into custody

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    1. A juvenile only may be taken into custody without a warrant before service upon him or her of a petition and notice of hearing or order to appear as set out under § 9-27-312:
      1. Pursuant to an order of the circuit court under this subchapter;
      2. By a law enforcement officer without a warrant under circumstances as set forth in Rule 4.1 of the Arkansas Rules of Criminal Procedure; or
      3. By a designated person under § 12-18-1001 et seq.
    2. When any juvenile is taken into custody without a warrant, the officer taking the juvenile into custody shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location.
    1. When any juvenile is taken into custody pursuant to a warrant, the officer taking the juvenile into custody shall immediately take the juvenile before the judge of the division of circuit court out of which the warrant was issued and make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location.
    2. The judge shall decide whether the juvenile should be tried as a delinquent or a criminal defendant pursuant to § 9-27-318.
  3. When a juvenile is taken into protective custody under § 12-18-1001, the person exercising protective custody shall:
      1. Notify the Department of Human Services and make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location.
      2. The notification to the custodial parent, noncustodial parent, guardian, or custodian of the juvenile shall be in writing and shall include a notice:
        1. That the juvenile has been taken into foster care;
        2. Of the name, location, and phone number of the person at the department whom the custodial parent, noncustodial parent, guardian, or custodian of the juvenile can contact about the juvenile;
        3. Of the rights of the juvenile and the rights of the custodial parent, noncustodial parent, guardian, or custodian of the juvenile to receive a copy of any petition filed under this subchapter;
        4. Of the location and telephone number of the court; and
        5. Of the procedure for obtaining a hearing; or
    2. Return the juvenile to his or her home.
      1. A law enforcement officer shall take a juvenile to detention, immediately make every effort to notify the custodial parent, guardian, or custodian of the juvenile's location, and notify the juvenile intake officer within twenty-four (24) hours so that a petition may be filed if a juvenile is taken into custody for:
        1. Unlawful possession of a handgun, § 5-73-119(a)(1);
        2. Possession of a handgun on school property, § 5-73-119(b)(1);
        3. Unlawful discharge of a firearm from a vehicle, § 5-74-107;
        4. Any felony committed while armed with a firearm; or
        5. Criminal use of prohibited weapons, § 5-73-104.
      2. The authority of a juvenile intake officer to make a detention decision pursuant to § 9-27-322 shall not apply when a juvenile is detained pursuant to subdivision (d)(1)(A) of this section.
      3. A detention hearing shall be held by the court pursuant to § 9-27-326 within seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day.
    2. If a juvenile is taken into custody for an act that would be a felony if committed by an adult, other than a felony listed in subdivision (d)(1)(A) of this section, the law enforcement officer shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location and may:
        1. Take the juvenile to detention.
        2. The intake officer shall be notified immediately to make a detention decision pursuant to § 9-27-322 within twenty-four (24) hours of the time the juvenile was first taken into custody, and the prosecuting attorney shall be notified within twenty-four (24) hours.
        3. If the juvenile remains in detention, a detention hearing shall be held no later than seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day;
      2. Pursuant to the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the court and release the juvenile and within twenty-four (24) hours notify the juvenile intake officer and the prosecuting attorney so that a petition may be filed under this subchapter; or
      3. Return the juvenile to his or her home.
    3. If a juvenile is taken into custody for an act that would be a misdemeanor if committed by an adult, the law enforcement officer shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location and may:
      1. Notify the juvenile intake officer, who shall make a detention decision pursuant to § 9-27-322;
      2. Pursuant to the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the circuit court and release the juvenile and notify the juvenile intake officer and the prosecuting attorney within twenty-four (24) hours so that a petition may be filed under this subchapter; or
      3. Return the juvenile to his or her home.
      1. In all instances when a juvenile may be detained, the juvenile may be held in a juvenile detention facility or a seventy-two-hour holdover if a bed is available in the facility or holdover.
      2. If not, an adult jail or lock-up may be used, as provided by § 9-27-336.
    5. In all instances when a juvenile may be detained, the intake officer shall immediately make every effort possible to notify the juvenile's custodial parent, guardian, or custodian.
  5. When a law enforcement officer takes custody of a juvenile under this subchapter for reasons other than those specified in subsection (c) of this section concerning dependent-neglected juveniles or subsection (d) of this section concerning delinquency, he or she shall:
        1. Take the juvenile to shelter care, notify the department and the intake officer of the court, and immediately make every possible effort to notify the custodial parent, guardian, or custodian of the juvenile's location.
        2. The notification to parents shall be in writing and shall include a notice of the location of the juvenile, of the juvenile's and parents' rights to receive a copy of any petition filed under this subchapter, of the location and telephone number of the court, and of the procedure for obtaining a hearing.
        1. In cases when the parent, guardian, or other person contacted lives beyond a fifty-mile driving distance or lives out of state and the juvenile has been absent from his or her home or domicile for more than twenty-four (24) hours, the juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility.
        2. The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults.
        3. A juvenile held under this subdivision (e)(1)(B) must be separated from detained juveniles charged or held for delinquency.
        4. A juvenile may not be held under this subdivision (e)(1)(B) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; or
    2. Return the juvenile to his or her home.
  6. If no delinquency petition to adjudicate a juvenile taken into custody is filed within twenty-four (24) hours after a detention hearing or ninety-six (96) hours or, if the ninety-six (96) hours ends on a Saturday, Sunday, or a holiday, at the close of the next business day, after an alleged delinquent juvenile is taken into custody, whichever is sooner, the alleged delinquent juvenile shall be discharged from custody, detention, or shelter care.

History. Acts 1989, No. 273, § 12; 1993, No. 882, § 1; 1994 (2nd Ex. Sess.), No. 55, § 2; 1994 (2nd Ex. Sess.), No. 56, § 2; 1999, No. 1340, § 12; 2001, No. 1582, § 1; 2001, No. 1610, § 2; 2003, No. 1166, § 8; 2005, No. 1990, § 5; 2009, No. 758, § 12; 2011, No. 873, § 1; 2015, No. 1024, §§ 1, 2; 2019, No. 531, § 1.

Amendments. The 2005 amendment, in (f), inserted “delinquency”, “an alleged delinquent” and “alleged delinquent”.

The 2009 amendment substituted “under the Child Maltreatment Act, § 12-18-101 et seq.” for “pursuant to the Arkansas Child Maltreatment Act, § 12-12-501 et seq.” in the introductory language of (c).

The 2011 amendment inserted “or, if the ninety-six (96) hours ends on a Saturday, Sunday, or a holiday, at the close of the next business day” in (f).

The 2015 amendment rewrote (a)(1)(C); in the introductory language of (c), substituted “a police officer, law enforcement, or designated employee of the Department of Human Services” for “a law enforcement officer, a representative of the department, or other authorized person”, deleted “alleged to be dependent neglected or” following “juvenile”, and substituted “§ 12-18-1001” for “the Child Maltreatment Act, § 12-18-101 et seq.”; substituted “custodial parent, noncustodial parent, guardian, or custodian of the juvenile” for “parents” in the introductory language of (c)(1)(B); and rewrote (c)(1)(B)(ii) and (iii).

The 2019 amendment rewrote the introductory language of (c).

Case Notes

Constitutionality.

Election of officers to take children to city jail rather than to juvenile court was not a violation of any federally guaranteed right. Pritchard v. Downie, 326 F.2d 323 (8th Cir. 1964) (decision under prior law).

Construction.

Former statutes, governing charging of juveniles, could readily be harmonized, and meant that a person who was 15, 16, or 17 at the time of the offense could be charged in the circuit court, municipal court, or juvenile court. State v. Banks, 271 Ark. 331, 609 S.W.2d 10 (1980) (decision under prior law).

The word “shall,” relating to the duties of the judge, requires mandatory compliance. Baumer v. State, 300 Ark. 160, 777 S.W.2d 847 (1989) (decision under prior law).

Applicability.

Where juvenile had been arrested on a circuit court felony bench warrant, but neither the abstract nor transcript shows a copy of an indictment or information setting out the felony offenses with which the juvenile was charged, the juvenile had not been charged with a felony in circuit court as an adult when the law officers interrogated him and gained his confession; thus, the Juvenile Code was applicable at the time juvenile gave his statement, and his statement was therefore inadmissible at trial because the law enforcement officer's conduct failed to comport with required Juvenile Code procedures when they obtained juvenile's confession. Rhoades v. State, 315 Ark. 658, 869 S.W.2d 698 (1994).

Detention.

Minor children suing police chief for denial of their federal rights, alleging that arresting officers violated former statute which provided for separation of juvenile and adult convicts did not have their rights denied, as none of the plaintiffs were committed by a court or magistrate. Pritchard v. Downie, 326 F.2d 323 (8th Cir. 1964) (decision under prior law).

Where child had been taken into emergency custody after the father was arrested, the trial court erred in adjudicating the child dependent under § 9-27-303 as there were two family members who testified at the adjudication hearing that they were willing to take care of the child. Moiser v. Ark. Dep't of Human Servs., 95 Ark. App. 32, 233 S.W.3d 172 (2006).

Discretion of Prosecutor.

Former statute granted a prosecuting attorney discretion in which court he would charge certain juveniles, and this authority given to a prosecuting attorney coincided with the provision that permitted certain juveniles to be tried in circuit court or municipal court. Sargent v. Cole, 269 Ark. 121, 598 S.W.2d 749 (1980) (decision under prior law).

Jurisdiction.

Former statute, when construed with the rest of the Arkansas Juvenile Code, did not require that all juveniles under eighteen years of age be charged and tried for criminal acts in juvenile court; a prosecuting attorney had discretion to charge juveniles over fifteen years of age in juvenile, municipal, or circuit court. Sargent v. Cole, 269 Ark. 121, 598 S.W.2d 749 (1980) (decision under prior law).

Noncompliance.

A violation of requirement that juvenile be taken immediately before the court after arrest did not require dismissal of the charges. State v. Banks, 271 Ark. 331, 609 S.W.2d 10 (1980) (decision under prior law).

Cited: State v. Pulaski County Circuit-Chancery Court, 316 Ark. 473, 872 S.W.2d 854 (1994); Whitehead v. State, 316 Ark. 563, 873 S.W.2d 800 (1994); K.W. v. State, 327 Ark. 205, 937 S.W.2d 658 (1997); Ark. Dep't of Human Servs. v. Cox, 349 Ark. 205, 82 S.W.3d 806 (2002); Ark. Dep't of Human Servs. v. Collier, 351 Ark. 506, 95 S.W.3d 772 (2003); Ark. Dep't of Human Servs. v. Veasley, 2016 Ark. App. 175 (2016).

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1994–2024 · leading case: Arkansas Dep't of Human Servs. v. Cox, 82 S.W.3d 806 (Ark. 2002).
Sort: Relevance Newest Treatment
Arkansas Dep't of Human Servs. v. Cox, 82 S.W.3d 806 (Ark. 2002). · cites it 12× “Ark. Code Ann. § 9-27-313 . Danger to the child was not at issue in this case.”
Arkansas Dep't of Human Servs. v. Collier, 95 S.W.3d 772 (Ark. 2003). · cites it 2× “See Ark. Code Ann. § 9-27-313 (Repl. 2002). This is appropriate where there are clear and reasonable grounds to conclude that the juvenile is in immediate danger, where removal is necessary to prevent serious harm from the juvenile’s surroundings, where the parents have not…”
Moiser v. Arkansas Dep't of Health & Human Servs., 233 S.W.3d 172 (Ark. Ct. App. 2006). · cites it 2× “Promptly following that taking, a probable cause hearing must be held and then an adjudication hearing.”
Rhoades v. State, 869 S.W.2d 698 (Ark. 1994). · cites it 4× “For example, Ark. Code Ann. § 9-27-313 (b) (Repl. 1993) provides in these circumstances, the officer taking the juvenile into custody must immediately take the juvenile before the court out of which the warrant was issued, and the court shall decide whether jurisdiction is in…”
K.W. v. State, 937 S.W.2d 658 (Ark. 1997). · cites it 2× “was given a detention hearing before a judge, pursuant to Ark. Code Ann. § 9-27-313 (d)(2) (A) (ii) and Ark.”
Arkansas Dep't of Human Servs. v. A.M., 423 S.W.3d 86 (Ark. Ct. App. 2012). · cites it 2× “” Ark.Code Ann. § 9-27-313(a)(l)(C) (Repl.2009) (emphasis added).”
State v. Pulaski Cnty. Circuit-Chancery Court, 872 S.W.2d 854 (Ark. 1994). · cites it 4× “And finally, we have made it clear that, under Ark. Code Ann. § 9-27-313 (b) (Repl. 1993), an officer taking a juvenile into custody must immediately take the juvenile before the court out of which the warrant was issued and that court shall decide whether jurisdiction is in…”
Lillian Househog v. State of Arkansas, 2024 Ark. App. 393. · cites it 2× “On November 30, 2022, Lillian filed a motion for immediate release because her detainment exceeded the statutory limits set forth in Ark. Code Ann. § 9-27-313 (f). 3 A hearing was held on the motion on December 1, 2022, and the circuit court suggested to the State that it could…”
Whitehead v. State, 873 S.W.2d 800 (Ark. 1994). · cites it 2× “Then, under Ark. Code Ann. § 9-27-318 (d) (Repl. 1993), the judge of the court in which a delinquency petition or criminal charges have been filed shall conduct a hearing to determine whether to retain jurisdiction or to transfer the case to another court having jurisdiction.”
Ark. Dep't of Human Servs. v. White, 2014 Ark. App. 193. · cites it 2× “Finally, in all cases in which family services are ordered, the court shall determine a parent’s ability to pay, in whole or in part, for these services, and that determination and the evidence supporting it must be stated in a written order.”
Ark. Dep't of Human Servs. v. Veasley, 2016 Ark. App. 175. “§ 9-27-313 (a)(1)(C) (Repl. 2015). Arkansas Code Annotated section 12-18-1001(a)(3) (Supp.”
Ark. Code Ann. § 9-27-313(a)(1)(C): 1 case
Arkansas Dep't of Human Servs. v. Cox, 82 S.W.3d 806 (Ark. 2002). “Ark. Code Ann. § 9-27-313 . Danger to the child was not at issue in this case.”
Ark. Code Ann. § 9-27-313(a)(l)(C): 1 case
Arkansas Dep't of Human Servs. v. A.M., 423 S.W.3d 86 (Ark. Ct. App. 2012). “” Ark.Code Ann. § 9-27-313(a)(l)(C) (Repl.2009) (emphasis added).”
Ark. Code Ann. § 9-27-313(b): 1 case
Rhoades v. State, 869 S.W.2d 698 (Ark. 1994). “For example, Ark. Code Ann. § 9-27-313 (b) (Repl. 1993) provides in these circumstances, the officer taking the juvenile into custody must immediately take the juvenile before the court out of which the warrant was issued, and the court shall decide whether jurisdiction is in…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.