Arkansas Code Annotated

Ark. Code Ann. § 9-28-208 (2026)

Order of commitment

✓ current as of May 2026

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1. An order of commitment to the Division of Youth Services shall state that the juvenile is found to be delinquent and shall state information regarding the underlying facts of the adjudication.
2. No circuit court may commit a juvenile found solely in criminal contempt to the Division of Youth Services.
3. All healthcare providers shall transmit to the Division of Youth Services all medical and health information on the committed juvenile within three (3) days from the request of the Division of Youth Services, including individually identifiable health information needed for the Division of Youth Services to assume the role of caretaker for the committed juvenile.
4. The committed juvenile's school or current educational setting shall transmit the education record, as defined by rule of the Division of Elementary and Secondary Education, to the Division of Youth Services within ten (10) school days from the request from the Division of Youth Services.
1. Upon entry of an order of detention and commitment to a youth services center pursuant to § 9-27-330 or § 9-27-509, a court shall transmit to the Division of Youth Services:
  1. A copy of the commitment order;
  2. A copy of the validated risk assessment instrument; and
  3. Records or information pertaining to the juvenile compiled by the intake officer or juvenile probation officer that shall include:
    1. Information on the juvenile's background, history, behavioral tendencies, and family status;
    2. The reasons for the juvenile's commitment;
    3. The name of the school in which the juvenile is currently or was last enrolled;
    4. The juvenile's offense history;
    5. The juvenile's placement history;
    6. A copy of all psychological or psychiatric evaluations or examinations performed on the juvenile admitted into evidence or ordered by the court while under the jurisdiction of the court or the supervision of the court staff;
    7. A comprehensive list of all current medications taken by the juvenile; and
    8. A comprehensive list of all medical treatment currently being provided to the juvenile.
2. The records or information specified in subdivision (b)(1) of this section shall be delivered to the Division of Youth Services prior to or at the time the juvenile is transported to a youth services center.
3. Information relating to the committing offense is exclusively for the benefit of the Division of Youth Services and shall not be disclosed by Division of Youth Services officials or employees without written authorization of the committing court, except for data and statistical compilations as otherwise provided by law.
Except when an extended juvenile jurisdiction offender is committed to the Division of Youth Services, an order of commitment shall remain in effect for an indeterminate period not exceeding two (2) years, subject to extension by the committing court for additional periods of one (1) year if the court finds an extension is necessary to safeguard the welfare of the juvenile or the interest of the public.
Commitment shall not exceed the twenty-first birthday of a juvenile.
When an order of commitment includes recommendations for a specific type of placement, the Division of Youth Services shall consider those recommendations in making a placement.

History. Acts 1995, No. 1261, § 8; 1999, No. 1192, § 22; 2005, No. 192, § 2; 2005, No. 1820, § 1; 2019, No. 189, § 11; 2019, No. 910, § 2202.

A.C.R.C. Notes. 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 2005 amendment by No. 192 redesignated former (a) as present (a)(1); deleted “or to have committed a crime” following “to be delinquent” in present (a)(1); and added (a)(2).

The 2005 amendment by No. 1820, redesignated former (a) as present (a)(1); deleted “or to have committed a crime” following “found to be delinquent” in present (a)(1); added (a)(3) and (a)(4); in (b)(1), inserted “Upon entry … § 9-27-509” and deleted “with a committing order” preceding “transmit”; added (b)(1)(A) and the (b)(1)(B) designation; in present (b)(1)(B), deleted “a report on the juvenile, setting forth in detail all available pertinent information concerning the juvenile's background, family status, school record, behavioral tendencies, and all other pertinent information that it may have, including the reasons for the juvenile's commitment” from the end; added (b)(1)C) and (b)(2); redesignated former (b)(2) as present (b)(3); and made related changes throughout.

The 2019 amendment by No. 189 inserted “validated” in (b)(1)(B).

The 2019 amendment by No. 910, in (a)(4), substituted “Division of Elementary and Secondary Education” for “Department of Education” and substituted “Division of Youth Services” for “division” twice.

Case Notes

Construction.

Even though this section was amended to extend commitment time for juveniles beyond age 18 under certain circumstances, the section presupposes that the youth has already been committed at the time he or she turns 18 and allows for that commitment to continue. Hansen v. State, 323 Ark. 407, 914 S.W.2d 737 (1996).

Juvenile's argument that trial court's commitment order was invalid on its face failed because the trial court's finding that the commitment was based upon a finding of criminal contempt and violation of the Division of Youth Services aftercare plan satisfied the requirements of subsection (a) of this section; criminal contempt was a crime in the ordinary sense. Ark. Dep't of Human Servs. v. Mainard, 358 Ark. 204, 188 S.W.3d 901 (2004).

Applicability.

Subsection (d) of this section cannot be invoked unless the juvenile is currently committed to the Office of Youth Services. Wright v. State, 331 Ark. 173, 959 S.W.2d 50 (1998).

Age.

Motion to transfer to juvenile court denied in part because defendant was 17 years old. Sanders v. State, 326 Ark. 415, 932 S.W.2d 315 (1996).

The fact that juveniles cannot be committed to the Division of Youth Services for rehabilitation unless they are already committed at the time they turn 18 is highly relevant to a 17-year-old juvenile's prospects for rehabilitation, and is an important factor in determining a motion to transfer. Maddox v. State, 326 Ark. 515, 931 S.W.2d 438 (1996).

Motion to transfer to juvenile court was properly denied where defendant was charged with serious felonies, was presently 19 years old, and had virtually no juvenile services available to him. Majesty v. State, 330 Ark. 416, 954 S.W.2d 245 (1997).

Young people over the age of 18 can no longer be committed to the Division of Youth Services for rehabilitation unless they are already committed at the time they turn 18. Brown v. State, 330 Ark. 518, 954 S.W.2d 276 (1997).

Cited: Brooks v. State, 326 Ark. 201, 929 S.W.2d 160 (1996); McClure v. State, 328 Ark. 35, 942 S.W.2d 243 (1997); Jensen v. State, 328 Ark. 349, 944 S.W.2d 820 (1997); Smith v. State, 328 Ark. 736, 946 S.W.2d 667 (1997); Jones v. State, 332 Ark. 617, 967 S.W.2d 559 (1998).

Notes of Decisions

Cited in 18 cases, 1995–2004 · leading case: McClure v. State, 942 S.W.2d 243 (Ark. 1997).

Sort: Relevance Newest Treatment

McClure v. State, 942 S.W.2d 243 (Ark. 1997). · cites it 4× “Ark. Code Ann. § 9-28-208 (d) (Supp. 1995).”

Sanders v. State, 932 S.W.2d 315 (Ark. 1996). · cites it 4× “Ark. Code Ann. § 9-28-208 (d) (Supp. 1995).”

Brooks v. State, 929 S.W.2d 160 (Ark. 1996). · cites it 4× “Although Ark. Code Ann. § 9-28-208 (d) (Supp. 1995) extended the commitment time for juveniles beyond age eighteen under certain circumstances, it presupposes that the youth was committed upon reaching eighteen and that the commitment will continue.”

Hansen v. State, 914 S.W.2d 737 (Ark. 1996). · cites it 4× “Ark. Code Ann. § 9-28-208 (d) (Supp. 1995).”

Wright v. State, 959 S.W.2d 50 (Ark. 1998). · cites it 4× “This court has repeatedly stated that although Ark. Code Ann. § 9-28-208 (d) (Supp. 1997) provides for an extension of the commitment time for juveniles beyond age eighteen under certain circumstances, “it presupposes that the youth was committed upon reaching eighteen and that…”

Rice v. State, 954 S.W.2d 216 (Ark. 1997). · cites it 3× “At this writing, he is eighteen, and his potential for rehabilitation within the juvenile system is nil.”

Arkansas Dep't of Human Servs. v. Mainard, 188 S.W.3d 901 (Ark. 2004). · cites it 3× “Under Ark. Code Ann. § 9-28-208 (a) (Repl. 2002), an order of commitment to DYS “shall state that the juvenile is found to be delinquent or to have committed a crime and shall state information regarding the underlying facts of the adjudication.”

Heagerty v. State, 983 S.W.2d 908 (Ark. 1998). · cites it 2× “§ 9-28-208 (d) reads: Commitment shall not exceed the eighteenth birthday of a youth, unless the Department of Human Services’ State Institutional System Board determines that an adequate facility or facilities are available for youths eighteen (18) years of age or older.”

Maddox v. State, 931 S.W.2d 438 (Ark. 1996). · cites it 2× “See Ark.Code Ann. § 9-28-208(d) (Supp. 1995); Hansen v.”

Jensen v. State, 944 S.W.2d 820 (Ark. 1997). · cites it 2× “Although Ark. Code Ann. § 9-28-208 (d) (Supp. 1995) extends the commitment time for juveniles beyond age eighteen under certain circumstances, it presupposes that the youth was committed upon reaching eighteen and that the commitment will continue.”

Brown v. State, 954 S.W.2d 273 (Ark. 1997). · cites it 2× “Ark. Code Ann. § 9-28-208 (d) (Supp. 1995); Jensen v.”

Smith v. State, 946 S.W.2d 667 (Ark. 1997). · cites it 2× “In light of these two factors, the trial court was not clearly erroneous in denying transfer to juvenile court.”

Show all 18 citing cases →

— Ark. Code Ann. § 9-28-208(a) — 2 cases

Arkansas Dep't of Human Servs. v. Mainard, 188 S.W.3d 901 (Ark. 2004). “Under Ark. Code Ann. § 9-28-208 (a) (Repl. 2002), an order of commitment to DYS “shall state that the juvenile is found to be delinquent or to have committed a crime and shall state information regarding the underlying facts of the adjudication.”

Arkansas Dep't of Human Servs. v. State, 894 S.W.2d 592 (Ark. 1995).

— Ark. Code Ann. § 9-28-208(d) — 8 cases

McClure v. State, 942 S.W.2d 243 (Ark. 1997). “Ark. Code Ann. § 9-28-208 (d) (Supp. 1995).”

Sanders v. State, 932 S.W.2d 315 (Ark. 1996). “Ark. Code Ann. § 9-28-208 (d) (Supp. 1995).”

Brooks v. State, 929 S.W.2d 160 (Ark. 1996). “Although Ark. Code Ann. § 9-28-208 (d) (Supp. 1995) extended the commitment time for juveniles beyond age eighteen under certain circumstances, it presupposes that the youth was committed upon reaching eighteen and that the commitment will continue.”

Hansen v. State, 914 S.W.2d 737 (Ark. 1996). “Ark. Code Ann. § 9-28-208 (d) (Supp. 1995).”

Maddox v. State, 931 S.W.2d 438 (Ark. 1996). “See Ark.Code Ann. § 9-28-208(d) (Supp. 1995); Hansen v.”

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