Ark. Code Ann. » Title 9 Chapter 28
Arkansas Code Annotated

Ark. Code Ann. § 9-28-209 (2020)

Commitment conditions and terms

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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    1. Upon commitment to the Division of Youth Services of the Department of Human Services, a youth shall be delivered to the observation and assessment center for orientation, classification, diagnosis, and evaluation.
    2. Upon completion of such orientation, classification, diagnosis, and evaluation, the staff of the observation and assessment center shall make recommendations to the Director of the Division of Youth Services of the Department of Human Services with respect to the placement of a youth.
  2. Upon receipt of the recommendations, the director shall determine whether a youth shall be placed in a youth services center or facility or any program operated by the Department of Human Services.
    1. If the division determines that a youth shall be retained in any of the facilities or programs, it shall consider the youth's physical condition, mental attitude and capacity, prognosis for successful rehabilitation, and such other criteria as the division shall establish in order to place the youth in the most appropriate facility or program as determined by the division.
    2. If the division determines that a youth is not suited for placement in a youth services center or facility, it shall report its findings to the committing court along with information regarding the placement of the youth.
  4. The division has the authority to move a youth at any time within its system of youth services centers or facilities and community-based programs or within the department's programs or facilities.

History. Acts 1995, No. 1261, § 9; 1995, No. 1335, § 5.

Case Notes

Age of Defendant.

Where defendant was 16 at the time the offense was committed, but would have reached the age of 18 by the time he was convicted, he could not then have been committed to a youth services center on conviction, and therefore a transfer of his case to juvenile court was unwarranted. Sims v. State, 320 Ark. 528, 900 S.W.2d 508 (1995), overruled, MacKintrush v. State, 334 Ark. 390, 978 S.W.2d 293 (1998).

Serious Offender Program.

Chancellor lacked authority to order commitment of a juvenile offender to a serious offender program within the youth services center. Ark. Dep't of Human Servs. v. State, 319 Ark. 749, 894 S.W.2d 592 (1995).

Cited: Bright v. State, 307 Ark. 250, 819 S.W.2d 7 (1991); Wicker v. State, 310 Ark. 580, 839 S.W.2d 186 (1992); Troutt Bros. v. Emison, 311 Ark. 27, 841 S.W.2d 604 (1992); Myers v. State, 317 Ark. 70, 876 S.W.2d 246 (1994).

Notes of Decisions
Cited in 5 cases, 1992–2017 · leading case: Troutt Bros. v. Emison, 841 S.W.2d 604 (Ark. 1992).
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Troutt Bros. v. Emison, 841 S.W.2d 604 (Ark. 1992). · cites it 2× “1991) & § 9-28-209 (Supp.1991). If the fifteen-year-old were the one arrested for stabbing her victim to death she too might have been charged as an adult, see Ark.”
Arkansas Dep't of Human Servs. v. State, 2017 Ark. App. 55, 512 S.W.3d 655. · cites it 12× “” The trial court rejected ADHS’s arguments and further found that section 9-28-209(a) requires a youth to be immediately delivered to the observation-and-assessment center.”
Jones v. State, 967 S.W.2d 559 (Ark. 1998). · cites it 2× “As initial commitment to the Division of Youth Services cannot commerce after the eighteenth birthday of the youth under Ark. Code Ann. § 9-28-209 (d) (Supp. 1995), Jones will be beyond the age when he can be rehabilitated in the juvenile system on May 17, 1998, when he turns…”
Heagerty v. State, 971 S.W.2d 793 (Ark. Ct. App. 1998). · cites it 2× “See Ark. Code Ann. § 9-27-330 (Supp. 1995). More importantly, since Hogan was decided in 1992, the legislature in 1995 greatly expanded the dispositions available to the juvenile court upon a finding of delinquency, from eight to fifteen.”
Arkansas Dep't of Human Servs. v. State, 894 S.W.2d 592 (Ark. 1995). · cites it 2× “§ 9-28-209, most recently amended by Act 44 of 1994, provides in subsection (c)(2) that the Youth Services Board is to decide if a youth committed to a youth services center is to remain in a state institution, “and if so, which institution.”
Ark. Code Ann. § 9-28-209(a): 1 case
Arkansas Dep't of Human Servs. v. State, 2017 Ark. App. 55, 512 S.W.3d 655. “” The trial court rejected ADHS’s arguments and further found that section 9-28-209(a) requires a youth to be immediately delivered to the observation-and-assessment center.”
Ark. Code Ann. § 9-28-209(a)(2): 1 case
Arkansas Dep't of Human Servs. v. State, 894 S.W.2d 592 (Ark. 1995). “§ 9-28-209, most recently amended by Act 44 of 1994, provides in subsection (c)(2) that the Youth Services Board is to decide if a youth committed to a youth services center is to remain in a state institution, “and if so, which institution.”
Ark. Code Ann. § 9-28-209(a)(l): 1 case
Arkansas Dep't of Human Servs. v. State, 2017 Ark. App. 55, 512 S.W.3d 655. “” The trial court rejected ADHS’s arguments and further found that section 9-28-209(a) requires a youth to be immediately delivered to the observation-and-assessment center.”
Ark. Code Ann. § 9-28-209(d): 1 case
Arkansas Dep't of Human Servs. v. State, 2017 Ark. App. 55, 512 S.W.3d 655. “” The trial court rejected ADHS’s arguments and further found that section 9-28-209(a) requires a youth to be immediately delivered to the observation-and-assessment center.”
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