§ 9-27-314 - Emergency orders.
9-27-314. Emergency orders.
(a) (1) In any case in which there is probable cause to believe that immediate emergency custody is necessary to protect the health or physical well-being of the juvenile from immediate danger or to prevent the juvenile's removal from the state, the circuit court shall issue an ex parte order for emergency custody to remove the juvenile from the custody of the parent, guardian, or custodian and shall determine the appropriate plan for placement of the juvenile.
(2) In any case in which there is probable cause to believe that an emergency order is necessary to protect the juvenile from severe maltreatment, as defined in 12-18-103(17), the court shall issue an ex parte order to provide specific appropriate safeguards for the protection of the juvenile if the alleged offender:
(A) Has a legal right to custody or visitation with the juvenile;
(B) Has a property right allowing access to the home where the juvenile resides; or
(C) Is a juvenile.
(3) In any case in which there is probable cause to believe that a juvenile is a dependent juvenile as defined in this subchapter, the court shall issue an ex parte order for emergency custody placing custody of the dependent juvenile with the Department of Human Services.
(b) The emergency order shall include:
(1) Notice to the juvenile's parents, custodian, or guardian of the right to a hearing and that a hearing will be held within five (5) business days of the issuance of the ex parte order;
(2) Their right to be represented by counsel;
(3) Their right to obtain appointed counsel, if indigent, and the procedure for obtaining appointed counsel; and
(4) The location and telephone number of the court and the procedure for obtaining a hearing.
(c) (1) Immediate notice of the emergency order shall be given by the petitioner or by the court to the parents, guardians, or custodian and the juvenile.
(2) All defendants shall be served according to the Arkansas Rules of Civil Procedure or as otherwise provided by the court.