Ark. Code Ann. § 9-28-203 (2026)

1. The Division of Youth Services shall perform the following functions and have the authority and responsibility to:
   1. Coordinate communication among the various components of the juvenile justice system;
   2. Oversee reform of the state's juvenile justice system, review the quality and consistency of reforms and reform proposals, and monitor youth and family outcomes related to reforms;
   3. Provide services to delinquent and families-in-need-of-services youths;
   4. Conduct research into the causes, nature, and treatment of juvenile delinquency and related problems;
   5. Develop programs for early intervention and prevention of juvenile delinquency;
   6. Maintain information files on juvenile delinquents in the state;
   7. Develop effective community-based alternatives to confinement, incarceration, and commitment of youths;
   8. Actively pursue the maximization of federal funding for juvenile delinquency and related programs;
   9. Evaluate the effectiveness and efficiency of the programs and services offered by the Division of Youth Services and recommend changes to the Governor;
   10. Provide a system of education in residential facilities operated by the Division of Youth Services that conforms to the guidelines established by the Division of Elementary and Secondary Education and as set forth in § 9-28-205;
   11. Develop a reinvestment plan to redirect savings realized from reductions in the number of secure out-of-home placements under § 9-28-1203;
   12. Develop a collaborative information-sharing system among the Department of Human Services, the Administrative Office of the Courts, and other stakeholders; and
   13. Do and perform all other actions and exercise all other authority not inconsistent with the provisions of this subchapter as necessary to carry out the purposes and intent of this subchapter.
2. In addition to other duties enumerated in this subchapter, the Division of Youth Services shall provide services as follows:
   1. The Civilian Student Training Program shall provide services to youths that shall consist of, but not be limited to, school reintegration, counseling, tutoring, job placement counseling, corrective behavior skill counseling, and training;
   2. 1. Case management services shall include, but not be limited to:
         1. Making placement recommendations to court authorities; and
         2. Arrangement, coordination, and monitoring of services for a juvenile.
      2. These services may be acquired by agreement with community providers, other agencies, or individuals as necessary;
   3. 1. Client-specific services shall consist of, but not be limited to:
         1. Independent living, tracker, or proctor services;
         2. Family or individual therapy; and
         3. Individualized treatment or supportive care services.
      2. These services may be acquired by agreement with comprehensive community-based providers capable of delivering the required continuum of services;
   4. 1. Reduction-in-commitment services shall include services to address public safety, supervision, and rehabilitative needs of youths who may otherwise be detained, incarcerated, or committed to the Division of Youth Services.
      2. Reduction-in-commitment services may include without limitation:
         1. Electronic monitoring;
         2. Family or individual therapy;
         3. Day treatment services;
         4. Residential or outpatient mental health counseling, sex offender counseling, or substance abuse counseling;
         5. Parenting classes for youths or custodians;
         6. Respite care; and
         7. Emergency shelter services.
      3. These services may be acquired by agreement with comprehensive community-based providers capable of delivering the required continuum of services.
      4. The Division of Youth Services shall collect data regarding the effectiveness of these services and report semiannually to the Youth Justice Reform Board;
   5. 1. Serious offender programs for youths charged with violent offenses shall consist of appropriate residential treatment programs at any of the youth services centers or facilities.
      2. Serious offender programs or community-based programs may be acquired by agreements with entities or agencies deemed appropriate and capable of providing such services;
   6. Less restrictive community-based programs selected by the Director of the Division of Youth Services for youths not deemed at risk of performing violent offenses;
   7. 1. Observation and assessment services shall consist of, but not be limited to, those activities necessary to ensure appropriate recommendations for intervention, services, and placement of low-risk and medium-risk juveniles.
      2. Observation and assessment services may be acquired by agreements with community providers or other agencies or individuals deemed to have the appropriate level of expertise to perform observation and assessment or diagnosis and evaluation.
      3. 1. The Division of Youth Services shall use validated risk assessments for all juveniles committed to the Division of Youth Services.
         2. The Division of Youth Services shall provide individualized treatment and placement decisions, with measureable goals and regular reassessments, based on the results of an initial assessment and the risk level assigned to the juvenile by the validated risk assessment used in the court's commitment decision under § 9-27-330(a)(1)(B);
   8. 1. Residential observation and assessment services shall consist of, but not be limited to, those activities necessary to ensure appropriate recommendations for intervention, services, and placement of high-risk juveniles.
      2. Residential observation and assessment services may be performed by or at appropriate state-operated facilities or by agreement with appropriate agencies or individuals deemed to have the appropriate level of expertise to perform residential observation and assessment or diagnosis and evaluation.
      3. 1. The Division of Youth Services shall use validated risk assessments for all juveniles committed to the Division of Youth Services.
         2. The Division of Youth Services shall provide individualized treatment and placement decisions, with measurable goals and regular reassessments, based on the results of an initial assessment and the risk level assigned to the juvenile by the validated risk assessment used in the court's commitment decision under § 9-27-330(a)(1)(B);
   9. 1. 1. Community-based alternative basic services shall consist of, but not be limited to, prevention, intervention, casework, treatment, counseling, observation and assessment, case management, and residential services.
         2. Community-based alternative basic services shall be provided through a treatment model that is evidence-based, developmentally appropriate, family-centered, strength-based, and trauma-informed.
         3. Primary goals for community-based alternative basic services shall be the prevention of youths from entering the juvenile justice system and the provision of professional, community-based, least-cost services to youths.
      2. These services may be acquired by agreements with comprehensive community-based providers capable of delivering the required continuum of services;
   10. 1. Expanded services may consist of, but not be limited to:
          1. Expansion of existing programs;
          2. Specific programs for alcohol, drug, or sex offenders;
          3. Special therapeutic treatment programs or client-specific services in which a consistent population has been defined as in need of multidiscipline care and services;
          4. Expansion of proven, effective, early intervention and prevention program activities; and
          5. Restoration of previously proven effective interventions that prevent incarceration.
       2. Utilization of funds appropriated for expanded services shall be as directed by the director; and
   11. The Division of Youth Services shall provide monitoring and technical assistance to review the quality and consistency of reforms to the juvenile justice system.
3. The Division of Youth Services shall pursue the maximization of federal funds to benefit the youth of Arkansas.
4. 1. The Division of Youth Services shall promulgate rules as necessary to administer this subchapter.
   2. The rules shall be reviewed by the Senate Interim Committee on Children and Youth or any appropriate legislative committee during legislative sessions.

History. Acts 1995, No. 1261, § 3; 1997, No. 312, § 1; 2009, No. 972, § 1; 2015, No. 1010, § 2; 2019, No. 189, §§ 6-10; 2019, No. 910, § 2199.

A.C.R.C. Notes. Acts 2015, No. 1010, § 1, provided: “Legislative findings and intent.

“(a) The General Assembly finds that:

“(1) When effective community-based services are not available as an alternative to incarceration, the results are the secure confinement of youths who pose little or no threat to public safety;

“(2) When effective community-based alternatives are in place, use of confinement and commitments to the Division of Youth Services of the Department of Human Services can be reduced with no compromise of public safety; and

“(3) The state can realize significant fiscal savings, while positively impacting the lives of youthful offenders, by encouraging and investing in the use of effective community-based alternatives, and by reserving the use of state commitments and secure confinement for youthful offenders who pose a serious risk to public safety.

“(b) The purpose of this act is to establish a mandate for the provision of services to reduce youth incarceration, and to provide oversight and accountability for the effectiveness of commitment reduction services to the state and to stakeholders in the juvenile justice system.”

Acts 2019, No. 189, § 1, provided: “This act shall be known and may be cited as the ‘Restoring Arkansas Families Act’.”

Acts 2019, No. 189, § 2, provided: “Legislative findings and intent.

“(a) The General Assembly finds:

“(1) The Youth Justice Reform Board was established by Acts 2015, No. 1010, bringing together stakeholders from across the state to develop a series of recommendations for youth justice reform in Arkansas;

“(2) Stakeholder groups represented on the board include:

“(A) Families and youth involved in the juvenile system;

“(B) The Department of Education;

“(C) The Department of Workforce Services;

“(D) The Department of Human Services;

“(E) Youth services providers;

“(F) Juvenile judges;

“(G) The Administrative Office of the Courts;

“(H) Prosecuting attorneys;

“(I) Public defenders;

“(J) Youth advocates; and

“(K) Experts in adolescent development; and

“(3) In 2017, the board worked with the Arkansas Supreme Court Commission on Children, Youth, and Families to identify concerns and priorities for legislative action.

“(b) The purpose of this act is to:

“(1) Maintain public safety and improve outcomes for Arkansas youth and families involved in the juvenile justice system through validated risk assessments;

“(2) Reduce the number of secure out-of-home placements;

“(3) Redirect funding from secure residential facilities to evidence-based community services;

“(4) Equitably allocate services in and across each judicial district;

“(5) Enhance treatment for youth committed to the Division of Youth Services; and

“(6) Serve youth and families through evidence-based programs selected through a collaboration between the Department of Human Services, the judiciary, and community-based providers.”

Amendments. The 2009 amendment inserted present (a)(9), redesignated the following subdivision accordingly; and made related changes.

The 2015 amendment inserted (a)(7) and (b)(4) and redesignated the remaining subdivisions accordingly; substituted “comprehensive community-based providers capable of delivering the required continuum of services” for “community providers or other agencies or individuals deemed professionally capable of delivering the required services” in (b)(3)(B) and for “local community providers or other agencies or individuals deemed professionally capable and appropriate to deliver such services” in (b)(9)(B); and added (b)(10)(A)(v).

The 2019 amendment by No. 189 deleted “of the Department of Human Services” following “Division of Youth Services” in the introductory language of (a); added “review the quality and consistency of reforms and reform proposals, and monitor youth and family outcomes related to reforms” in (a)(2); inserted (a)(11) and (a)(12); redesignated former (a)(11) as (a)(13); added (b)(7)(C) and (b)(8)(C); inserted (b)(9)(A)(ii) and redesignated former (b)(9)(A)(ii) as (b)(9)(A)(iii); and added (b)(11).

The 2019 amendment by No. 910 substituted “Division of Youth Services” for “division” and “Division of Elementary and Secondary Education” for “Department of Education” in (a)(10).

Cross References. Private service contract notice required, § 25-10-136.

Private service contract performance evaluation requirement, § 25-10-137.