Arkansas Code Annotated
Ark. Code Ann. § 9-27-343 (2020)
Appeals
✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
- All appeals from juvenile cases shall be made to the Supreme Court or to the Court of Appeals in the time and manner provided for appeals in the Arkansas Rules of Appellate Procedure.
- In delinquency cases, the petitioner may appeal only under those circumstances that would permit the state to appeal in criminal proceedings.
- Pending an appeal from any case involving a juvenile out-of-home placement, the juvenile division of circuit court retains jurisdiction to conduct further hearings.
History. Acts 1989, No. 273, § 42; 1999, No. 401, § 15; 2003, No. 1166, § 21; 2003, No. 1319, § 25.
Cross References. Review of termination of parental rights, § 9-27-360.
Case Notes
Collateral Proceeding.
State was not required to satisfy the requirements of Ark. R. App. P. Crim. 3, because the State's appeal challenging the court's jurisdiction to consider the petition to remove a former juvenile-delinquent's name from the sex-offender registry was an appeal arising from a collateral proceeding. State v. V.H., 2013 Ark. 344, 429 S.W.3d 243 (2013).
Due Process.
Due process requirements ordinarily accorded criminal defendants extend to safeguard the juvenile's appeal. Gilliam v. State, 305 Ark. 438, 808 S.W.2d 738 (1991).
Lower Court Jurisdiction.
Trial court retains jurisdiction to hold an additional hearing subsequent to the filing of a notice of appeal and the lodging of a trial transcript where the case involves a juvenile out-of-home placement; therefore, a trial court was allowed to terminate a mother's parental rights while her appeal from a decision regarding a petition for dependency-neglect was pending. Harwell-Williams v. Ark. Dep't of Human Servs., 368 Ark. 183, 243 S.W.3d 898 (2006).
Cited: Valdez v. State, 33 Ark. App. 94, 801 S.W.2d 659 (1991); D.J. v. State, 308 Ark. 37, 821 S.W.2d 782 (1992).
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1991–2025 · leading case: State v. D.S., 2011 Ark. 45, 378 S.W.3d 87.
State v. D.S., 2011 Ark. 45, 378 S.W.3d 87. “2(c)(1); see also Ark.Code Ann. § 9-27-343(b).”
Ivers v. Arkansas Dep't of Human Servs., 250 S.W.3d 279 (Ark. Ct. App. 2007). “3d 898 (2006), which held that the termination hearing was one of the “further hearings” authorized by Arkansas Code Annotated section 9-27-343(c) (Supp. 2005). 4 Ivers notes that the trial court interpreted “Garrett’s Law” to state “a baby born with illegal drugs in his or her…”
Harwell-Williams v. Arkansas Dep't of Human Servs., 243 S.W.3d 898 (Ark. 2006). “Arkansas Code Annotated § 9-27-343(c)(Supp.2005) specifically states that "[p]ending an appeal from any case involving a juvenile out-of-home placement, the juvenile division of the circuit court retains jurisdiction to conduct further hearings.”
Gilliam v. State, 808 S.W.2d 738 (Ark. 1991). “The State of Arkansas in Ark. Code Ann. § 9-27-343 (Repl. 1991) gives a juvenile a right of direct appeal.”
State v. V.H., 2013 Ark. 344, 429 S.W.3d 243. “Pursuant to Arkansas Code Annotated section 9-27-343 (Repl.2009), all appeals from juvenile court shall be made in the same time and manner provided for appeals in the Arkansas Rules of Appellate Procedure.”
Valdez v. State, 801 S.W.2d 659 (Ark. Ct. App. 1991). “Ark. Code Ann. § 9-27-343 (Supp. 1989). The issue raised by appellant was settled by the United States Supreme Court in McKeiver v.”
D.J. v. State, 821 S.W.2d 782 (Ark. 1992). “On appeal, appellant relies on Ark. Code Ann. § 9-27-343 (a) (1987), which provides that all appeals from juvenile courts shall be in the same time and manner as appeals from chancery court.”
Schubert v. Arkansas Dep't of Human Servs., 2009 Ark. 596, 357 S.W.3d 458. “It is true that the purpose of Rule 6-9 is to expedite the appellate process in dependency-neglect matters but concluding that Rule 6-9 is not applicable in this case does not necessarily impede that purpose.”
Gullick v. Arkansas Dep't of Human Servs., 931 S.W.2d 786 (Ark. 1996). “Instead, I find that Ark. Code Ann. § 9-27-343 (a) (Repl. 1993), requires that all appeals from juvenile court shall be made to the Arkansas Supreme Court or Court of Appeals in the same time and manner provided for appeals from chancery court.”
State v. V.H., 2013 Ark. 344, 429 S.W.3d 243. “Pursuant to Arkansas Code Annotated section 9-27-343 (Repl.2009), all appeals from juvenile court shall be made in the same time and manner provided for appeals in the Arkansas Rules of Appellate Procedure.”
State v. V.H., 2013 Ark. 344. “2(c)(1) (2013); see also Ark. Code Ann. § 9-27-343 (b) (Repl. 2009).”
Minor Child v. State of Arkansas, 2024 Ark. App. 477, 701 S.W.3d 751. “Pursuant to Arkansas Code Annotated section 9-27-343(a) (Repl. 2020), all appeals from juvenile court shall be made in the time and manner provided for appeals in the Arkansas Rules of Appellate Procedure.”
Ark. Code Ann. § 9-27-343(a): 2 cases
Gullick v. Arkansas Dep't of Human Servs., 931 S.W.2d 786 (Ark. 1996). “Instead, I find that Ark. Code Ann. § 9-27-343 (a) (Repl. 1993), requires that all appeals from juvenile court shall be made to the Arkansas Supreme Court or Court of Appeals in the same time and manner provided for appeals from chancery court.”
Minor Child v. State of Arkansas, 2024 Ark. App. 477, 701 S.W.3d 751. “Pursuant to Arkansas Code Annotated section 9-27-343(a) (Repl. 2020), all appeals from juvenile court shall be made in the time and manner provided for appeals in the Arkansas Rules of Appellate Procedure.”
Ark. Code Ann. § 9-27-343(b): 5 cases
State v. D.S., 2011 Ark. 45, 378 S.W.3d 87. “2(c)(1); see also Ark.Code Ann. § 9-27-343(b).”
State v. V.H., 2013 Ark. 344, 429 S.W.3d 243. “Pursuant to Arkansas Code Annotated section 9-27-343 (Repl.2009), all appeals from juvenile court shall be made in the same time and manner provided for appeals in the Arkansas Rules of Appellate Procedure.”
State v. V.H., 2013 Ark. 344, 429 S.W.3d 243. “Pursuant to Arkansas Code Annotated section 9-27-343 (Repl.2009), all appeals from juvenile court shall be made in the same time and manner provided for appeals in the Arkansas Rules of Appellate Procedure.”
State v. V.H., 2013 Ark. 344. “2(c)(1) (2013); see also Ark. Code Ann. § 9-27-343 (b) (Repl. 2009).”
Minor Child v. State of Arkansas, 2024 Ark. App. 477, 701 S.W.3d 751. “Pursuant to Arkansas Code Annotated section 9-27-343(a) (Repl. 2020), all appeals from juvenile court shall be made in the time and manner provided for appeals in the Arkansas Rules of Appellate Procedure.”
Ark. Code Ann. § 9-27-343(c): 4 cases
Ivers v. Arkansas Dep't of Human Servs., 250 S.W.3d 279 (Ark. Ct. App. 2007). “3d 898 (2006), which held that the termination hearing was one of the “further hearings” authorized by Arkansas Code Annotated section 9-27-343(c) (Supp. 2005). 4 Ivers notes that the trial court interpreted “Garrett’s Law” to state “a baby born with illegal drugs in his or her…”
Harwell-Williams v. Arkansas Dep't of Human Servs., 243 S.W.3d 898 (Ark. 2006). “Arkansas Code Annotated § 9-27-343(c)(Supp.2005) specifically states that "[p]ending an appeal from any case involving a juvenile out-of-home placement, the juvenile division of the circuit court retains jurisdiction to conduct further hearings.”
Schubert v. Arkansas Dep't of Human Servs., 2009 Ark. 596, 357 S.W.3d 458. “It is true that the purpose of Rule 6-9 is to expedite the appellate process in dependency-neglect matters but concluding that Rule 6-9 is not applicable in this case does not necessarily impede that purpose.”
Gullick v. Arkansas Dep't of Human Servs., 931 S.W.2d 786 (Ark. 1996). “Instead, I find that Ark. Code Ann. § 9-27-343 (a) (Repl. 1993), requires that all appeals from juvenile court shall be made to the Arkansas Supreme Court or Court of Appeals in the same time and manner provided for appeals from chancery court.”
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