Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: S3/12/25 S3/20/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 SENATE BILL 325
4
5 By: Senator A. Clark
6
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE ARKANSAS JUVENILE CODE OF 1989;
10 TO AMEND THE CHILD MALTREATMENT ACT; TO AMEND THE LAW
11 REGARDING REINSTATEMENT OF PARENTAL RIGHTS; TO AMEND
12 THE LAW REGARDING THE CHILD MALTREATMENT CENTRAL
13 REGISTRY; AND FOR OTHER PURPOSES.
14
15
16 Subtitle
17 TO AMEND THE ARKANSAS JUVENILE CODE OF
18 1989; TO AMEND THE CHILD MALTREATMENT
19 ACT; TO AMEND THE LAW REGARDING
20 REINSTATEMENT OF PARENTAL RIGHTS; AND TO
21 AMEND THE LAW REGARDING THE CHILD
22 MALTREATMENT CENTRAL REGISTRY.
23
24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
25
26 SECTION 1. Arkansas Code � 9-27-369(a) and (b), concerning the filing
27 of a motion to resume services for a parent whose parental rights were
28 previously terminated, are amended to read as follows:
29 (a) The Department of Human Services or an attorney ad litem may file
30 a motion to resume services for a parent whose parental rights were
31 previously terminated under this subchapter if following may file a motion to
32 resume services for a parent whose parental rights were previously terminated
33 under this subchapter:
34 (1) The child Department of Human Services:;
35 (A) Is not currently in the custody of the department;
36 (B) Is not in an adoptive placement, a pre-adoptive
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1 placement, or under another permanent placement and there is some evidence
2 that the juvenile is not likely to achieve permanency within a reasonable
3 period of time as viewed from the child's perspective; or
4 (C) Was previously adopted, appointed a permanent
5 guardian, or placed in the permanent custody of another individual and the
6 adoption, guardianship, or custodial placement was disrupted or otherwise
7 dissolved; and
8 (2)(A) The order terminating the parental rights of the parent
9 who is the subject of a motion filed under this section was entered at least
10 three (3) years before the date on which the motion to resume services was
11 filed An attorney ad litem.; or
12 (B) The three-year waiting period may be waiver if it is
13 in the best interest of the child.
14 (3) A parent whose parental rights were previously terminated,
15 if the Executive Director of the Arkansas Commission for Parent Counsel
16 believes there is good cause to resume services and assign court-appointed
17 counsel to represent the parent.
18 (b)(1) A motion may be filed under this section shall identify and name
19 as a party the parent for whom services would resume if the child:
20 (A) Is currently in the custody of the department;
21 (B) Is not in an adoptive placement, a pre-adoptive
22 placement, or under another permanent placement and there is some evidence
23 that the juvenile is not likely to achieve permanency within a reasonable
24 period of time as viewed from the child's perspective; or
25 (C) Was previously adopted, appointed a permanent
26 guardian, or placed in the permanent custody of another individual and the
27 adoption, guardianship, or custodial placement was disrupted or otherwise
28 dissolved.; and
29 (2)(A) A parent shall not be named as a party to a motion filed
30 under this section The order terminating the parental rights of the parent
31 who is the subject of a motion filed under this section was entered at least
32 two (2) years before the date on which the motion to resume services was
33 filed.
34 (B) The two-year waiting period may be waived if the
35 waiver is in the best interest of the child.
36 (3) The petitioner shall serve the parent who is the subject of
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1 a motion filed under this section with the motion.
2 (4) A parent who is the subject of a motion filed under this
3 section shall have the right to be heard at a hearing on the motion.
4 (c)(1) A motion filed under this section shall:
5 (A) Be filed as a new juvenile case;
6 (B) Identify and name as a party the parent for whom services
7 would resume.
8 (d) The court may appoint an attorney to represent the parent subject
9 to the resumption of services motion.
10
11 SECTION 2. Arkansas Code � 9-27-369(d)(2), regarding permissive orders
12 by a court when a motion for resumption of services for a parent whose
13 parental rights were terminated is granted, is amended to read as follows:
14 (2) If the court grants a motion filed under this section, the
15 court:
16 (A)(i) May order family services for the purposes of
17 assisting reunification between the child and a fit parent who is the subject
18 of the motion.
19 (ii) The court may order the parent to pay for some
20 or all of the costs associated with court-ordered family services;
21 (B)(i) May order studies, evaluations, home studies, or
22 post-disposition reports.
23 (ii) A written home study on the parent who is the
24 subject of the motion shall be submitted to the court before the court may
25 order unsupervised visitation or placement of the juvenile with the parent
26 The court may order unsupervised visitation or placement of the juvenile with
27 the parent without a written home study on the parent.
28 (iii) If a study, evaluation, or home study is
29 performed before a hearing on a motion filed under subsection (a) of this
30 section, the results of the study, evaluation, or home study shall be served
31 on the parent, attorney ad litem, court-appointed special advocate, and any
32 other party to the motion at least two (2) business days before the hearing;
33 and
34
35 SECTION 3. Arkansas Code � 9-27-370 is amended to read as follows:
36 9-27-370. Reinstatement of parental rights.
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1 (a) The Department of Human Services, or an attorney ad litem, or a
2 parent who is represented by parent counsel under � 9-27-369(a) may file a
3 petition to reinstate the parental rights terminated under this subchapter if
4 the:
5 (1) Court has granted a motion to resume services under � 9-27-
6 369;
7 (2) Services have continued for at least one hundred eighty
8 (180) ninety (90) days following the date on which the court entered the
9 order granting a motion to resume services under � 9-27-369; and
10 (3) Parent for whom reinstatement of parental rights is sought
11 has substantially complied with the orders of the court and with the case
12 plan developed under � 9-27-369.
13 (b)(1) A petition to reinstate parental rights shall be filed in the
14 circuit court that: had
15 (A) Had jurisdiction over the petition to terminate the
16 parental rights of the parent who is the subject of the petition to reinstate
17 parental rights; or
18 (B) Has an open dependency-neglect case concerning the
19 child subject to the petition for reinstatement of parental rights.
20 (2) If the petition under subdivision (b)(1) of this section is
21 filed in the court with the pending dependency-neglect case, the court may
22 communicate with the court that terminated the parent's parental rights.
23 (c) A petition filed under this section shall be served on the:
24 (1) Attorney ad litem;
25 (2) Department;
26 (3) Parent who is the subject of the petition;
27 (4) Court Appointed Special Advocate Program Director, if
28 applicable; and
29 (5) Child's tribe, if applicable.
30 (d) At least seven (7) business days before a hearing on a petition
31 filed under this section, the department shall provide the parent, parent's
32 counsel, attorney ad litem, court-appointed special advocate, and any other
33 party to the petition with a written report that includes information on:
34 (1) The efforts made by the department to achieve adoption or
35 another permanent placement for the child, including without limitation any
36 barriers to the adoption or permanent placement of the child;
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1 (2) The extent to which the parent who is the subject of the
2 petition has complied with the case plan and orders of the court as of the
3 date on which services were ordered to be resumed under � 9-27-369;
4 (3) The impact of the resumed services on the parent and on the
5 health, safety, and well-being of the child; and
6 (4) Any recommendations of the department.
7 (e)(1) The court may grant custody of the child to the parent whose
8 parental rights were terminated if the court finds an award of custody to be
9 in the best interest of the child, regardless of whether a home study was
10 conducted on the parent whose parental rights were terminated or whether the
11 court:
12 (A) Finds that the parent shall continue services; or
13 (B) Has not yet reinstated the parental rights of the
14 parent whose parental rights were terminated.
15 (2) If a court grants custody under subdivision (e)(1) of this
16 section, a home evaluation shall be conducted on the parent whose parental
17 rights were previously terminated in lieu of a traditional home study.
18 (e)(f) Parental rights may be reinstated under this section if the
19 court finds by clear and convincing evidence that:
20 (1)(A) Reinstatement of parental rights is in the best
21 interest of the child; and
22 (2)(B) There has been a material change in circumstances
23 as to the parent who is the subject of the petition since the date on which
24 the order terminating the parental rights of the parent was entered; or
25 (2) The child of the parent whose parental rights were
26 terminated:
27 (A) Was in foster care at the time he or she reached
28 eighteen (18) years of age;
29 (B) Is between the age of eighteen (18) years of age and
30 twenty-one (21) years of age; and
31 (C) Is currently in foster care and is under the court's
32 jurisdiction under � 9-27-306.
33 (f)(g) The court shall consider the following factors when determining
34 whether a reinstatement of parental rights is in the best interest of the
35 child:
36 (1) The likelihood of the child achieving permanency through
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1 adoption or another permanent placement;
2 (2) The age, maturity, and preference of the child concerning
3 the reinstatement of parental rights;
4 (3) The parent's fitness and whether the parent has remedied the
5 conditions that existed at the time of the termination of his or her parental
6 rights; and
7 (4) The effect that the reinstatement of parental rights would
8 have on the health, safety, and well-being of the child.
9 (g)(h) A court may deny a petition filed under this section if the
10 court finds by a preponderance of the evidence that the parent engaged in
11 conduct that interfered with the child's ability to achieve permanency.
12 (h)(i) An order reinstating the parental rights of the parent who is
13 the subject of a petition filed under this section restores all rights,
14 powers, privileges, immunities, duties, and obligations of the parent as to
15 the child, including without limitation custody, control, and support of the
16 child.
17 (i)(j) If the child is placed with a parent whose parental rights are
18 reinstated under this section, the court shall not close the case until the
19 child has resided with the parent for no less than six (6) months.
20 (j)(k) A written order shall be filed by the court, a party, or the
21 attorney of a party as designated by the court within thirty (30) days of the
22 date of the hearing on the motion to reinstate parental rights or before the
23 next hearing, whichever is sooner.
24 (k)(l) An order reinstating parental rights under this section does
25 not:
26 (1) Vacate or affect the validity of a previous order
27 terminating the parental rights of the parent who is the subject of the
28 petition; and
29 (2) Restore or impact the rights of a parent who is not the
30 subject of a petition filed under this section.
31 (l)(m) This section is retroactive and applies to a child who is under
32 the jurisdiction of a court at the time of a hearing on a petition to
33 terminate parental rights, regardless of the date on which parental rights
34 were terminated by court order.
35
36 SECTION 4. Arkansas Code � 12-18-902 is amended to read as follows:
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1 12-18-902. Contents.
2 (a)(1) The Child Maltreatment Central Registry shall contain records
3 of cases on all true investigative determinations of: child maltreatment
4 (A) Abuse;
5 (B) Sexual abuse;
6 (C) Sexual exploitation; and
7 (D) Neglect, if the neglect occurred in the course of
8 employment as a:
9 (i) Teacher;
10 (ii) Teacher's aide;
11 (iii) Substitute teacher;
12 (iv) School principal;
13 (v) Employee of a child welfare agency;
14 (vi) Foster parent;
15 (vii) Employee of a juvenile detention facility;
16 (viii) Employee of a psychiatric residential
17 treatment facility;
18 (ix) Employee of a hospital;
19 (x) Nurse;
20 (xi) Nurse's aide;
21 (xii) Licensed social worker;
22 (xiii) Doctor;
23 (xiv) Therapist; or
24 (ix) Any individual who works directly with a
25 vulnerable population in a professional or caretaking capacity; and
26 (E)(i) Neglect, when a court finds the child to be a
27 dependent-neglected juvenile because of the neglect.
28 (ii) Should reunification be achieved, the parent
29 shall be removed from the registry if there are no additional true
30 investigative determinations and it has been more than one (1) year since
31 reunification.
32 (b) The Child Maltreatment Central Registry shall not contain records
33 of cases on investigative determinations abandonment.
34
35 /s/A. Clark
36
7 03-20-2025 14:11:32 LJH138Every fact on this page links to its source, starting with the official bill record.