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

Ark. Code Ann. § 9-27-316 (2020)

Right to counsel

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    1. In delinquency and family in need of services cases, a juvenile and his or her parent, guardian, or custodian shall be advised by the law enforcement official taking a juvenile into custody, by the intake officer at the initial intake interview, and by the court at the juvenile's first appearance before the circuit court that the juvenile has the right to be represented at all stages of the proceedings by counsel.
    2. An extended juvenile jurisdiction offender shall have a right to counsel at every stage of the proceedings, including all reviews.
      1. The inquiry concerning the ability of the juvenile to retain counsel shall include a consideration of the juvenile's financial resources and the financial resources of his or her family.
      2. However, the failure of the juvenile's family to retain counsel for the juvenile shall not deprive the juvenile of the right to appointed counsel if required under this section.
    2. After review by the court of an affidavit of financial means completed and verified by the parent of the juvenile and a determination by the court that the parent or juvenile has the ability to pay, the court may order financially able juveniles, parents, guardians, or custodians to pay all or part of reasonable attorney's fees and expenses for representation of a juvenile.
    3. All moneys collected by the circuit clerk under this subsection shall be retained by the clerk and deposited into a special fund to be known as the “juvenile representation fund”.
    4. The court may direct that money from this fund be used in providing counsel for juveniles under this section in delinquency or family in need of services cases and indigent parents or guardians in dependency-neglect cases as provided by subsection (h) of this section.
    5. Any money remaining in the fund at the end of the fiscal year shall not revert to any other fund but shall carry over into the next fiscal year in the juvenile representation fund.
  3. If counsel is not retained for the juvenile or it does not appear that counsel will be retained, counsel shall be appointed to represent the juvenile at all appearances before the court unless the right to counsel is waived in writing as set forth in § 9-27-317.
  4. In a proceeding in which the judge determines that there is a reasonable likelihood that the proceeding may result in the juvenile's commitment to an institution in which the freedom of the juvenile would be curtailed and counsel has not been retained for the juvenile, the court shall appoint counsel for the juvenile.
  5. Appointment of counsel shall be made at a time sufficiently in advance of the court appearance to allow adequate preparation by appointed counsel and adequate consultation between the appointed counsel and the client.
    1. The court shall appoint an attorney ad litem who shall meet standards and qualifications established by the Supreme Court to represent the best interest of the juvenile when a dependency-neglect petition is filed or when an emergency ex parte order is entered in a dependency-neglect case, whichever occurs earlier.
    2. The court may appoint an attorney ad litem to represent the best interest of a juvenile involved in any case before the court and shall consider the juvenile's best interest in determining whether to appoint an attorney ad litem.
    3. Each attorney ad litem shall:
      1. File written motions, responses, or objections at all stages of the proceedings when necessary to protect the best interest of the juvenile;
      2. Attend all hearings and participate in all telephone conferences with the court unless excused by the court; and
      3. Present witnesses and exhibits when necessary to protect the juvenile's best interest.
    4. An attorney ad litem shall be provided access to all records relevant to the juvenile's case, including, but not limited to, school records, medical records, all court records relating to the juvenile and his or her family, and records, including those maintained electronically and in the Children's Reporting and Information System, of the Department of Human Services relating to the juvenile and his or her family to the extent permitted by federal law.
      1. An attorney ad litem shall represent the best interest of the juvenile.
      2. If the juvenile's wishes differ from the attorney's determination of the juvenile's best interest, the attorney ad litem shall communicate the juvenile's wishes to the court in addition to presenting his or her determination of the juvenile's best interest.
    1. The court may appoint a volunteer court-appointed special advocate from a program that shall meet all state and national court-appointed special advocate standards to advocate for the best interest of juveniles in dependency-neglect proceedings.
    2. No court-appointed special advocate shall be assigned a case before:
      1. Completing a training program in compliance with National Court Appointed Special Advocate Association and state standards; and
      2. Being approved by the local court-appointed special advocate program, which will include appropriate criminal background and child abuse registry checks.
    3. Each court-appointed special advocate shall:
        1. Investigate the case to which he or she is assigned to provide independent factual information to the court through the attorney ad litem, court testimony, or court reports.
        2. The court-appointed special advocate may testify if called as a witness.
        3. When the court-appointed special advocate prepares a written report for the court, the advocate shall provide all parties or the attorney of record with a copy of the written report seven (7) business days before the relevant hearing; and
      2. Monitor the case to which he or she is assigned to ensure compliance with the court's orders.
    4. Upon presentation of an order of appointment, a court-appointed special advocate shall be provided access to all records relevant to the juvenile's case, including, but not limited to, school records, medical records, all court records relating to the juvenile and his or her family, and department records, including those maintained electronically and in the Children's Reporting and Information System, to the extent permitted by federal law.
    5. A court-appointed special advocate is not a party to the case to which he or she is assigned and shall not call witnesses or examine witnesses.
    6. A court-appointed special advocate shall not be liable for damages for personal injury or property damage pursuant to the Arkansas Volunteer Immunity Act, § 16-6-101 et seq.
    7. Except as provided in this subsection, a court-appointed special advocate shall not disclose any confidential information or reports to anyone except as ordered by the court or otherwise provided by law.
      1. All parents and custodians have a right to counsel in all dependency-neglect proceedings.
      2. In all dependency-neglect proceedings that set out to remove legal custody from a parent or custodian, the parent or custodian from whom custody was removed shall have the right to be appointed counsel, and the court shall appoint counsel if the court makes a finding that the parent or custodian from whom custody was removed is indigent and counsel is requested by the parent or custodian.
        1. Parents and custodians shall be advised in the dependency-neglect petition or the ex parte emergency order, whichever is sooner, and at the first appearance before the court, of the right to counsel and the right to appointed counsel, if eligible.
        2. As required under § 9-27-314, a circuit court shall appoint counsel in an ex parte emergency order and shall determine eligibility at the commencement of the probable cause hearing.
      4. All parents shall have the right to be appointed counsel in termination of parental rights hearings, and the court shall appoint counsel if the court makes a finding that the parent is indigent and counsel is requested by the parent.
      5. In a dependency-neglect proceeding naming a minor parent as a defendant, the court shall appoint a qualified parent counsel for the minor parent.
    2. If at the permanency planning hearing or at any time the court establishes the goal of adoption and counsel has not yet been appointed for a parent, the court shall appoint counsel to represent the parent as provided by subdivision (h)(1)(D) of this section.
    3. Putative parents do not have a right to appointed counsel in dependency-neglect proceedings, except for termination of parental rights proceedings, only if the court finds on the record that:
      1. The putative parent is indigent;
      2. The putative parent has established significant contacts with the juvenile so that putative rights attach;
      3. Due process requires appointment of counsel for a full and fair hearing for the putative parent in the termination hearing; and
      4. The putative parent requested counsel.
      1. A putative parent has the burden to prove paternity and significant contacts with the child.
      2. The court shall make the findings required in subdivision (h)(3) of this section to determine whether a putative parent is entitled to appointed counsel at the termination hearing.
        1. The termination petition shall include the putative parent as provided under § 9-27-311(c)(2)(B).
        2. The court shall appoint counsel subject to subdivision (h)(3) of this section for the putative parent at any time the court establishes adoption as the case goal with a termination of parental rights petition to be filed.
      1. The court shall order financially able parents or custodians to pay all or part of reasonable attorney's fees and expenses for court-appointed representation after review by the court of an affidavit of financial means completed and verified by the parent or custodian and a determination by the court of an ability to pay.
        1. All moneys collected by the clerk under this subsection shall be retained by the clerk and deposited into a special fund to be known as the “Juvenile Court Representation Fund”.
        2. The court may direct that money from the fund be used in providing counsel for indigent parents or custodians at the trial level in dependency-neglect proceedings.
        3. Upon a determination of indigency and a finding by the court that the fund does not have sufficient funds to pay reasonable attorney's fees and expenses incurred at the trial court level and state funds have been exhausted, the court may order the county to pay these reasonable fees and expenses until the state provides funding for counsel.
      1. Appointment of counsel shall be made at a time sufficiently in advance of the court appearance to allow adequate preparation by appointed counsel and adequate consultation between the appointed counsel and the client.
        1. When the first appearance before the court is an emergency hearing to remove custody under § 9-27-315, parents shall be appointed a parent counsel in a timely manner for meaningful representation until eligibility for appointed counsel is determined by the court under subdivision (h)(1)(B) of this section.
        2. If in the interest of time or availability of qualified parent counsel it becomes necessary for a provisional parent counsel or counsel other than the parent counsel originally appointed under subdivision (h)(1)(B) of this section, a substitute parent counsel shall be appointed.
    7. The attorney for the parent or custodian shall be provided access to all records relevant to the juvenile's case, including without limitation school records, medical records, all court records relating to the juvenile and his or her family, and department records relating to the juvenile and his or her family, including those maintained electronically and in the Children's Reporting and Information System, to which the parent or custodian is entitled under state and federal law.
      1. In all cases where a court has determined that appointed counsel for an indigent parent or custodian is necessary under this subsection, the court shall appoint counsel in compliance with federal law and Supreme Court Administrative Order No. 15.
      2. When a court orders payment of funds for parent counsel on behalf of an indigent parent or custodian from a state contract, the court shall make written findings in the appointment order in compliance with this section.

History. Acts 1989, No. 273, § 15; 1997, No. 1227, § 4; 1999, No. 1192, § 14; 1999, No. 1340, § 13; 2001, No. 987, § 2; 2001, No. 1503, § 4; 2003, No. 1166, § 9; 2003, No. 1809, § 2; 2005, No. 1990, § 8; 2011, No. 1175, § 4; 2013, No. 761, § 2; 2015, No. 1017, §§ 6-9; 2015, No. 1022, § 2; 2017, No. 861, §§ 2-4; 2019, No. 541, § 3.

Amendments. The 2005 amendment added (h)(1)(B); inserted “circuit court” in present (h)(1)(A); and, in present (h)(2)(A), inserted “from whom custody was removed” twice and “circuit court”; added (h)(2)(B)-(D).

The 2011 amendment rewrote (h).

The 2013 amendment inserted “from whom custody was removed” twice in (h)(1)(B).

The 2015 amendment by No. 1017, in (f)(4), inserted “including those maintained electronically and in the Children’s Reporting and Information System” and inserted “relating to the juvenile and his or her family”; inserted “including those maintained electronically and in the Children’s Reporting and Information System” in (g)(4); added (h)(1)(E); and inserted “relating to the juvenile and his or her family, including those maintained electronically and in the Children’s Reporting and Information System” in (h)(7).

The 2015 amendment by No. 1022, in (h)(2), inserted “or at any time” and deleted “in the permanency planning order” following “appoint counsel”; inserted “the court finds in the record that” in the introductory language of (h)(3); deleted “court makes a finding on the record that” preceding “the putative” in (h)(3)(A); deleted “court finds that the” preceding “putative” in (h)(3)(B); deleted former (h)(4); and added present (h)(4).

The 2017 amendment redesignated former (h)(1)(C) as (h)(1)(C)(i) and added (h)(1)(C)(ii); redesignated former (h)(6)(B) as (h)(6)(B)(i); substituted “appointed a parent counsel in a timely manner for meaningful representation until eligibility for appointed counsel is determined by the court under subdivision (h)(1)(B) of this section” for “notified of the right to appointed counsel if indigent in the emergency ex parte order” in (h)(6)(B)(i); added (h)(6)(B)(ii); and added (h)(8).

The 2019 amendment redesignated former (h)(4)(A)(i) as (h)(4)(A); in (h)(4)(A), inserted “paternity and” and deleted “so that putative rights attach” following “child”; deleted (h)(4)(A)(ii); in (h)(4)(C)(i), substituted “The termination petition” for “If the court determines that the putative parent is entitled to appointed counsel under subdivision (h)(3) of this section, the termination petition” and added “as provided under § 9-27-311(c)(2)(B)”; and deleted (h)(4)(D).

Cross References. Confessions, § 9-27-366.

Research References

ALR.

Right to Effective Counsel at Termination of Parental Rights Proceeding and Standards of Review of Claim. 23 A.L.R.7th Art. 3 (2018).

Ark. L. Rev.

Recent Developments, Domestic Relations — Termination of Parental Rights, 57 Ark. L. Rev. 1015.

Note, What About the Child?: A Critique of Linker-Flores v. Arkansas Department of Human Services, 60 Ark. L. Rev. 353.

Case Notes

Attorney's Fees.

In the absence of any precedent for an allowance of fees under this section to be made directly by the appellate court, a petition for attorney's fees, including representation on appeal is remanded for the trial court to determine the petitioner's entitlement to attorney's fees from the Juvenile Court Representation Fund pursuant to this section. Cochran v. Ark. Dep't of Human Servs., 44 Ark. App. 105, 865 S.W.2d 651 (1993).

Petition directly to appellate court for fees as provided by this section, made by attorney who represented client at trial and on appeal, remanded to trial court for determination. Evans v. Ark. Dep't of Human Servs., 48 Ark. App. 157, 892 S.W.2d 525 (1995).

The principles that require payment of attorney's fees for representing an indigent criminal defendant are applicable to termination cases as well, because it would be unconstitutional to appoint counsel and then deny that counsel reasonable payment for services rendered. Baker v. Ark. Dep't of Human Servs., 340 Ark. 42, 8 S.W.3d 499 (2000).

The court erred when it ordered payment of attorney's fees from the Juvenile Court Representation Fund in a proceeding for the termination of parental rights as that fund is not designated for payment of attorney's fees in such cases. Baker v. Ark. Dep't of Human Servs., 340 Ark. 409, 16 S.W.3d 530 (2000).

Parent's attorney was entitled to a reasonable attorney's fee and costs for work provided in trial court proceedings to terminate parental rights; however, the attorney had to submit her request to the Arkansas State Claims Commission for payment because the legislature had failed to designate a source for payment and the Juvenile Court Representation Fund was not available for payment of appointed attorney’s fees and costs for work performed on appeal. Walters v. Ark. Dep't of Human Servs., 83 Ark. App. 85, 118 S.W.3d 134 (2003).

Disqualification.

Trial court's decision to deny a motion to disqualify an attorney ad litem in a family-in-need-of-services case was upheld on review because there was no evidence that the attorney was biased against a mother, despite representing her ex-husband in a prior divorce matter. Judkins v. Duvall, 97 Ark. App. 260, 248 S.W.3d 492 (2007), overruled in part, Mahone v. Ark. Dep't of Human Servs., 2011 Ark. 370, 383 S.W.3d 854 (2011).

Right to Counsel.

Juveniles have a due process right to counsel on appeal based on the application of the reasoning in Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967). Gilliam v. State, 305 Ark. 438, 808 S.W.2d 738 (1991).

The provisions of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), which protect an adult defendant's right to counsel on appeal, should apply to the appeal of an adjudication of juvenile delinquency. Gilliam v. State, 305 Ark. 438, 808 S.W.2d 738 (1991).

Juvenile was deprived of his right to counsel during a contempt proceeding, even though the juvenile had the services of an attorney ad litem, because the ad litem only represented the best interest of the juvenile, and not the juvenile's due process and other constitutional rights, as a defense attorney would. Ark. Dep't of Human Servs. v. Mainard, 358 Ark. 204, 188 S.W.3d 901 (2004).

Anders procedures apply in cases of indigent parent appeals from orders terminating parental rights, therefore, appointed counsel for an indigent parent on a first appeal from an order terminating parental rights may petition the appellate court to withdraw as counsel if, after a conscientious review of the record, counsel could find no issue or arguable merit for appeal; thus, the mother's attorney's motion to withdraw was premature until such time as a no-merit was filed. Linker-Flores v. Ark. Dep't of Human Servs., 359 Ark. 131, 194 S.W.3d 739 (2004).

In a parental rights termination case, counsel was not ineffective because, although the mother testified that she had initially refused to cooperate with the state on the advice of her first attorney, she never specifically raised the issue of his ineffectiveness. Jones v. Ark. Dep't of Human Servs., 361 Ark. 164, 205 S.W.3d 778 (2005).

Because of the similarities in termination of parental rights proceedings and criminal cases, the appellate court adopts the standard for ineffectiveness of counsel set out in Strickland. Jones v. Ark. Dep't of Human Servs., 361 Ark. 164, 205 S.W.3d 778 (2005).

Trial court erred in not appointing counsel for father at the dependency-neglect adjudication hearing because he was indigent and his children were effectively taken away from him when the father was ordered to move from the home. Clark v. Ark. Dep't of Human Servs., 90 Ark. App. 446, 206 S.W.3d 899 (2005).

After trial court entered order finding that child was a member of a family in need of services the father attempted to appeal on the child's behalf but he was not a licensed attorney who could represent the child on an appeal, and the matter was not a final order. Bass v. State, 93 Ark. App. 411, 219 S.W.3d 697 (2005).

Father was not denied due process based on the failure to appoint counsel before the hearing to terminate parental rights; the father conceded that he was not a parent “from whom custody was removed” under subdivision (h)(1)(B) of this section until he was adjudicated a parent, and the circuit court appointed counsel as soon as the proper findings were made regarding paternity, indigency, and a request for counsel. Hunter v. Ark. Dep't of Human Servs., 2018 Ark. App. 500, 562 S.W.3d 883 (2018).

Circuit court did not err in terminating a father's parental rights where the father argued on appeal that he was denied his right to timely appointed counsel; contrary to the father's assertion, the children were not removed from his legal custody, he and the mother were not married, and he was correctly identified as the putative father at the outset of the case. Instead of submitting the acknowledgments of paternity to the court that had been executed when the children were born, the father submitted to a DNA test and was only later found to be the children's “biological and legal father”, at which point he was entitled to counsel if requested, but he did not request counsel until the 15-month permanency planning hearing, at which time the court granted his request. Fox v. Ark. Dep't of Human Servs., 2020 Ark. App. 13, 592 S.W.3d 260 (2020).

Termination of Parental Rights.

The requirement in this section, that counsel be provided when the issue is termination of parental rights, is mandatory. Briscoe v. State, 323 Ark. 4, 912 S.W.2d 425 (1996).

Assuming, without deciding, that a mother had a due process right to counsel in a proceeding to terminate her parental rights, her request to waive counsel was not unequivocal and, therefore, it would have been error for the trial court to accept that waiver, regardless of the provisions contained in this section, because her request did not satisfy constitutional standards for the waiver of counsel. Bearden v. State Dep't of Human Servs., 344 Ark. 317, 42 S.W.3d 397 (2001).

Because a mother failed to file a timely notice of appeal pursuant to Ark. R. App. P. Civ. 2 from the trial court's adjudication order, the appellate court was unable to consider the mother's arguments relating to errors made during the adjudication hearing; however, the appellate court did consider whether the trial court's failure to provide counsel to the mother during the adjudication hearing tainted the remainder of the case, which resulted in termination of parental rights under § 9-27-341 and found no such taint. Jefferson v. Ark. Dep't of Human Servs., 356 Ark. 647, 158 S.W.3d 129 (2004).

Trial court's order terminating a mother's parental rights was reversed where she had a right to counsel at the termination hearing, she had specifically requested counsel, and the trial court failed to determine whether she was indigent or appoint counsel for her, thereby violating subdivision (h)(1)(D) of this section as a matter of law. Basham v. Ark. Dep't of Human Servs., 2015 Ark. App. 243, 459 S.W.3d 824 (2015).

Father could not show harm from the trial court failing to appoint counsel from the beginning of a proceeding because the father, who was incarcerated, was not a parent from whom custody was removed, and the father was not entitled to appointed counsel before the process moved to termination of the father's rights. Furthermore, the court did appoint counsel for the father almost three months before the hearing on the petition to terminate parental rights. Sills v. Ark. Dep't of Human Servs., 2018 Ark. App. 9, 538 S.W.3d 249 (2018).

Termination of the father's parental rights was improper because he was denied his statutory right to counsel. The Department of Human Services did not dispute that the father was entitled to counsel at the onset and the failure to provide him counsel was error, but it claimed instead that the error was harmless; the appellate court disagreed, stating that there was no evidence that the father assented to the stipulations or that he understood the gravity of stipulations as they related to his parental rights. Buck v. Ark. Dep't of Human Servs., 2018 Ark. App. 258, 548 S.W.3d 231 (2018).

While a mother was entitled to counsel at the termination of parental rights hearing and her attorney had filed a motion to withdraw, the circuit court properly terminated her parental rights because she never argued to the circuit court that her state or federal constitutional rights had been violated, her firing of her attorney on the eve of the termination hearing—with no arrangements made for substitute counsel—plainly frustrated the court's power to conduct an orderly and efficient proceeding, and the mother had over a month between the time she was served notice of the termination hearing and the hearing itself to either request a continuance or make arrangements to obtain new counsel. Langston v. Ark. Dep't of Human Servs., 2019 Ark. 152, 574 S.W.3d 138 (2019).

Trial court did not err in not appointing counsel to the father initially before the goal of the case was changed to termination because he was not the parent from whose custody the children were removed; he was not initially indigent; although he may have become indigent after a car wreck, he did not notify the Department of Human Services of his employment status as instructed early on; and there was no indication that he ever requested that counsel be appointed to represent him at the hearings he attended. Hernandez v. Ark. Dep't of Human Servs., 2019 Ark. App. 449, 588 S.W.3d 102 (2019).

Cited: In re Hutton, 301 Ark. 538, 785 S.W.2d 33 (1990); Ingram v. State, 53 Ark. App. 77, 918 S.W.2d 724 (1996); B.H.1 v. Ark. Dep't of Human Servs., 2012 Ark. App. 532 (2012); Williams v. Ark. Dep't of Human Servs., 2015 Ark. App. 171, 458 S.W.3d 271 (2015); T.S.B. v. Robinson, 2019 Ark. App. 359, 586 S.W.3d 650 (2019).

Notes of Decisions
Cited in 62 cases (3 in the last 5 years), 1989–2026 · leading case: Linker-Flores v. Arkansas Dep't of Human Servs., 194 S.W.3d 739 (Ark. 2004).
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Linker-Flores v. Arkansas Dep't of Human Servs., 194 S.W.3d 739 (Ark. 2004). · cites it 6× “Flores is entitled to representation on appeal under Ark. Code Ann. § 9-27-316 (h)(1) (Supp. 2003), we denied counsel’s motion to be relieved and ordered the parties to brief the issue of whether counsel representing a parent in a termination proceeding should be required to…”
Bearden v. Arkansas Dep't of Human Servs., 42 S.W.3d 397 (Ark. 2001). · cites it 8× “(2) Upon request by a parent or guardian and a determination by the court of indigence, the court shall appoint counsel for the parent or guardian in all proceedings to remove custody or terminate parental rights of a juvenile.”
Taffner v. Arkansas Dep't of Human Servs., 2016 Ark. 231, 493 S.W.3d 319. · cites it 4× “231 included a thorough discussion of Arkansas Code Annotated section 9-27-316(h) (Repl. 2002) (which provides for a parent’s right to counsel in all dependency-neglect proceedings), decisions from other jurisdictions on the ineffective-assistance-of-counsel issue, and the…”
Jones v. Arkansas Dep't of Human Servs., 205 S.W.3d 778 (Ark. 2005). · cites it 3× “Arkansas Code Annotated § 9-27-316(h) (Repl. 2002) provides in pertinent part: (1) In all proceedings to remove custody from a parent or guardian or to terminate parental rights, the parent or guardian shall be advised, in the dependency-neglect petition or the ex parte…”
Willis v. Ark. Dep't of Human Servs., 2017 Ark. App. 559, 538 S.W.3d 842. · cites it 2× “Arkansas Code Annotated section 9-27-316(h)(1) provides, in pertinent part: (h)(1)(A) All parents and custodians have a right to counsel in all dependency-neglect proceedings.”
Chaffin v. Arkansas Dep't of Human Servs., 2015 Ark. App. 522, 471 S.W.3d 251. · cites it 2× “Arkansas Code Annotated section 9-27-316 (Supp. 2013) provides in pertinent part as follows: (h)(1)(A) All parents and custodians have a right to counsel in all dependency-neglect proceedings.”
Arkansas Dep't of Human Servs. v. Mainard, 188 S.W.3d 901 (Ark. 2004). · cites it 8× “Section 9-27-316 makes it plain that, in both delinquency and FINS cases, a juvenile shall have the right to counsel.”
Dominguez v. Ark. Dep't of Human Servs., 2020 Ark. App. 2, 592 S.W.3d 723. · cites it 2× “64 (2019); Ark. Code Ann. § 9-27-316 (h) (Supp. 2019).”
Buck v. Ark. Dep't of Human Servs., 548 S.W.3d 231 (Ark. Ct. App. 2018). · cites it 13× “Ark. Code Ann. § 9-27-316 (h)(1)(A) (stating unequivocally that "[a]ll parents and custodians have a right to counsel in all dependency-neglect proceedings").”
Jefferson v. Arkansas Dep't of Human Servs., 158 S.W.3d 129 (Ark. 2004). · cites it 2× “Arkansas Code Annotated § 9-27-316 (Repl. 2002) provides: Upon request by a parent or guardian and a determination by the court of indigence, the court shall appoint counsel for the parent or guardian in all proceedings to remove custody or terminate parental rights of a…”
Walters v. Arkansas Dep't of Human Servs., 118 S.W.3d 134 (Ark. Ct. App. 2003). · cites it 6× “” Ark. Code Ann. § 9-27-316 (h)(2) and (3) (Repl.”
Parker v. Sebourn, 95 S.W.3d 762 (Ark. 2003). · cites it 4× “See Ark.Code Ann. § 9-27-316 (Repl.2002). In conclusion, the concurring opinion states that, under § 16-13-304(d)(1), the chancery court had authority to terminate parental rights, while only a juvenile court had such authority under § 9-27-341.”
Show all 62 citing cases →
Ark. Code Ann. § 9-27-316(a)(1): 1 case
Bass ex rel. L.B. v. State, 219 S.W.3d 697 (Ark. Ct. App. 2005).
Ark. Code Ann. § 9-27-316(a)(l): 1 case
Arkansas Dep't of Human Servs. v. Mainard, 188 S.W.3d 901 (Ark. 2004). “Section 9-27-316 makes it plain that, in both delinquency and FINS cases, a juvenile shall have the right to counsel.”
Ark. Code Ann. § 9-27-316(c): 1 case
Bass ex rel. L.B. v. State, 219 S.W.3d 697 (Ark. Ct. App. 2005).
Ark. Code Ann. § 9-27-316(d): 1 case
Ingram v. State, 918 S.W.2d 724 (Ark. Ct. App. 1996).
Ark. Code Ann. § 9-27-316(f): 1 case
Evans v. Arkansas Dep't of Human Servs., 892 S.W.2d 525 (Ark. Ct. App. 1995).
Ark. Code Ann. § 9-27-316(f)(1): 1 case
Arkansas Dep't of Human Servs. v. Mainard, 188 S.W.3d 901 (Ark. 2004). “Section 9-27-316 makes it plain that, in both delinquency and FINS cases, a juvenile shall have the right to counsel.”
Ark. Code Ann. § 9-27-316(f)(2): 1 case
Arkansas Dep't of Human Servs. v. Mainard, 188 S.W.3d 901 (Ark. 2004). “Section 9-27-316 makes it plain that, in both delinquency and FINS cases, a juvenile shall have the right to counsel.”
Ark. Code Ann. § 9-27-316(f)(4): 1 case
T.S.B. v. Robinson, 2019 Ark. App. 359.
Ark. Code Ann. § 9-27-316(h): 12 cases
Bearden v. Arkansas Dep't of Human Servs., 42 S.W.3d 397 (Ark. 2001). “(2) Upon request by a parent or guardian and a determination by the court of indigence, the court shall appoint counsel for the parent or guardian in all proceedings to remove custody or terminate parental rights of a juvenile.”
Taffner v. Arkansas Dep't of Human Servs., 2016 Ark. 231, 493 S.W.3d 319. “231 included a thorough discussion of Arkansas Code Annotated section 9-27-316(h) (Repl. 2002) (which provides for a parent’s right to counsel in all dependency-neglect proceedings), decisions from other jurisdictions on the ineffective-assistance-of-counsel issue, and the…”
Jones v. Arkansas Dep't of Human Servs., 205 S.W.3d 778 (Ark. 2005). “Arkansas Code Annotated § 9-27-316(h) (Repl. 2002) provides in pertinent part: (1) In all proceedings to remove custody from a parent or guardian or to terminate parental rights, the parent or guardian shall be advised, in the dependency-neglect petition or the ex parte…”
Jefferson v. Arkansas Dep't of Human Servs., 158 S.W.3d 129 (Ark. 2004). “Arkansas Code Annotated § 9-27-316 (Repl. 2002) provides: Upon request by a parent or guardian and a determination by the court of indigence, the court shall appoint counsel for the parent or guardian in all proceedings to remove custody or terminate parental rights of a…”
Lucas v. Jones, 2012 Ark. 365, 423 S.W.3d 580.
Ark. Code Ann. § 9-27-316(h)(1): 3 cases
Willis v. Ark. Dep't of Human Servs., 2017 Ark. App. 559, 538 S.W.3d 842. “Arkansas Code Annotated section 9-27-316(h)(1) provides, in pertinent part: (h)(1)(A) All parents and custodians have a right to counsel in all dependency-neglect proceedings.”
Adams v. Arkansas Dep't of Health & Human Servs., 291 S.W.3d 172 (Ark. 2009).
Cobbs v. Arkansas Dep't of Human Servs., 190 S.W.3d 274 (Ark. Ct. App. 2004).
Ark. Code Ann. § 9-27-316(h)(1)(B): 1 case
Buck v. Ark. Dep't of Human Servs., 548 S.W.3d 231 (Ark. Ct. App. 2018). “Ark. Code Ann. § 9-27-316 (h)(1)(A) (stating unequivocally that "[a]ll parents and custodians have a right to counsel in all dependency-neglect proceedings").”
Ark. Code Ann. § 9-27-316(h)(1)(C): 1 case
Buck v. Ark. Dep't of Human Servs., 548 S.W.3d 231 (Ark. Ct. App. 2018). “Ark. Code Ann. § 9-27-316 (h)(1)(A) (stating unequivocally that "[a]ll parents and custodians have a right to counsel in all dependency-neglect proceedings").”
Ark. Code Ann. § 9-27-316(h)(1)(D): 3 cases
Blakeney v. McRee, 188 So. 3d 1154 (Miss. 2016).
Basham v. Arkansas Dep't of Human Servs., 2015 Ark. App. 243, 459 S.W.3d 824.
Basham v. Arkansas Dep't of Human Servs., 2016 Ark. App. 232, 490 S.W.3d 330.
Ark. Code Ann. § 9-27-316(h)(3): 1 case
Williams v. Arkansas Dep't of Human Servs., 2015 Ark. App. 171, 458 S.W.3d 271.
Ark. Code Ann. § 9-27-316(h)(4): 1 case
McElroy v. Arkansas Dep't of Human Servs., 2014 Ark. App. 117, 432 S.W.3d 109.
Ark. Code Ann. § 9-27-316(h)(4)(D): 1 case
In the Matter of the Adoption of Minor Child., Dustin Hill v. Kimberly & Daniel Cortez & Arkansas Dep't of Human Servs., 2026 Ark. App. 123, 732 S.W.3d 397.
Ark. Code Ann. § 9-27-316(h)(l)(D): 1 case
Basham v. Arkansas Dep't of Human Servs., 2015 Ark. App. 243, 459 S.W.3d 824.
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.