A juvenile may be taken into custody without a warrant only by court order, by law enforcement under ARCP Rule 4.1, or by a designated person under § 12-18-1001 et seq. Upon taking custody, the officer must immediately make every effort to notify the custodial parent, guardian, or custodian of the juvenile's location — in every case.

Unlawful possession of a handgun — § 5-73-119(a)(1)

Possession of a handgun on school property — § 5-73-119(b)(1)

Unlawful discharge of a firearm from a vehicle — § 5-74-107

Any felony committed while armed with a firearm

Criminal use of prohibited weapons — § 5-73-104

Detention hearing required within 72 hours (or next business day if weekend/holiday).

Officer may: (A) take to detention — intake officer decides within 24 hrs, PA notified within 24 hrs, detention hearing within 72 hrs; (B) issue citation for first appearance and release — notify intake officer and PA within 24 hrs; or (C) return to home.

Officer may: (A) notify intake officer who makes detention decision; (B) issue citation and release — notify intake officer and PA within 24 hrs; or (C) return to home.

Upon receiving notice of custody, intake officer shall notify parent/guardian/custodian of location and reasons, then choose one of six options:

Unconditional release to parent/guardian/custodian

Release on written promise to appear

Release on written conditions

Shelter care pending court review (if parent cannot be located)

Electronic monitoring pending court review

Detain pending detention hearing

Detention justified only if a substantial number of the factors weigh against the juvenile, OR imminent bodily harm to juvenile/others exists, OR juvenile is a fugitive/escapee. No cost to juvenile or family for detention, shelter, or electronic monitoring.

Intake officer conducts preliminary investigation upon receiving notice of custody — may interview complainant/victim/witnesses, review records, and hold conferences with juvenile and family. Any inquiry beyond those three activities requires consent of juvenile and parent/guardian/custodian. Conference participation is voluntary and may be stopped at any time. Juvenile must be advised of right to counsel and right to remain silent at conferences.

If the PA determines diversion is in the best interests of the juvenile and community, the intake officer — with consent of the juvenile and parent/guardian/custodian — may attempt a satisfactory diversion. Juvenile must admit involvement.

Juvenile and family must be advised of right to refuse diversion and demand formal adjudication

Agreement must be voluntary and intelligent — with attorney advice or parent/guardian consent

Supervision/referral to agency: not to exceed 6 months

All other terms: not to exceed 9 months

Felony-level diversion agreement requires PA signature

Juvenile and family may terminate at any time and demand formal petition

If petition filed during diversion period, full compliance is grounds for dismissal

Diversion fee capped at $20/month — only after financial means review

Successful completion: Dismissed without further proceedings. Complaint and diversion agreement may be expunged from the juvenile's file.

The right to counsel must be communicated at three distinct points:

By the law enforcement officer taking the juvenile into custody

By the intake officer at the initial intake interview

By the court at the juvenile's first appearance

EJJ offenders have a right to counsel at every stage including all reviews.

If counsel is not retained and does not appear likely to be retained, counsel shall be appointed at all appearances. If institutional commitment is a realistic possibility, appointment is mandatory with no exception, regardless of waiver. Appointment must be made far enough in advance to allow adequate preparation and consultation.

Waiver accepted only upon clear and convincing evidence that:

Juvenile understands the full implications of the right to counsel

Juvenile freely, voluntarily, and intelligently wishes to waive

Parent/guardian/custodian or counsel has agreed with the waiver

Parent/guardian filed or initiated the petition or requested removal from home

Counsel mandatorily appointed due to likelihood of institutional commitment — § 9-35-410(d)

Juvenile is an EJJ offender

Juvenile is in DHS/DYS custody

Parent cannot be located or refuses to come — counsel appointed automatically

Miranda must be given in the juvenile's own language before any questioning. Questioning stops immediately if the juvenile indicates in any manner that he or she does not wish to be questioned, wishes to speak with a parent/guardian/custodian or have them present, or wishes to consult counsel before submitting to questioning. Witness stops at felony scenes are capped at 15 minutes. The obligation is on the officer — not the juvenile to invoke in magic words.

Court considers all circumstances including: juvenile's physical/mental/emotional maturity; understanding of consequences; whether parent who agreed to interrogation had an adverse interest; whether the entire interrogation was electronically recorded and all voices identified; coercion, force, or inducement; and whether Miranda was given and counsel waived.

Petitioner bears the burden by clear and convincing evidence that restraint is necessary and no less restrictive alternative will reduce the risk of flight or serious harm to property or physical safety of juvenile or others.

Reasons continued detention is being sought

Right to remain silent — anything said may be used against him or her

Right to counsel

Right to communicate with attorney, parent, guardian, or custodian before proceeding further

Court assesses 12 factors: place and length of residence; family relationships; references; school attendance; past and present employment; juvenile and criminal records; character and reputation; nature of charge and mitigating/aggravating circumstances; imminent bodily harm risk; possibility of additional violations; likelihood to appear; and whether conditions should be imposed.

If no probable cause found — juvenile shall be released. If detention not necessary, court may release on personal recognizance, order to appear, to parent on written promise, to qualified person/agency (not DHS), under probation officer supervision, with activity/movement restrictions, on bond to parent, or other reasonable restrictions. Money bond may be required as last resort.

Transfer hearing must be held within 30 days if juvenile is detained or no longer than 90 days from the date of the motion to transfer.

Transfer requires clear and convincing evidence. Court must make written findings on all 10 factors.

Seriousness of the alleged offense and whether protection of society requires criminal prosecution

Whether the offense was committed in an aggressive, violent, premeditated, or willful manner

Whether offense was against a person or property — greater weight to offenses against persons

Culpability of the juvenile — level of planning and participation

Previous history — prior adjudications, antisocial behavior, patterns of physical violence

Sophistication or maturity — home, environment, emotional attitude, pattern of living, desire to be treated as adult

Whether facilities or programs are available to rehabilitate juvenile before age 21

Whether juvenile acted alone or as part of a group

Written reports on mental, physical, educational, and social history — including adverse childhood experiences, childhood trauma, foster care involvement, status as victim of human trafficking, sexual abuse, or rape

Any other factors deemed relevant

Determine whether allegations in the petition are substantiated by the proof. Bench trial only — no jury, except EJJ offenders have right to jury trial at adjudication (waiver must be in writing, signed by juvenile and attorney). Juvenile is not required to file a written responsive pleading.

If juvenile is detained: adjudication must be held within 14 days of the detention hearing — unless juvenile waives or good cause shown

If juvenile is not detained: may be continued up to 60 days after removal for good cause; beyond 60 days only in extraordinary circumstances

EJJ offenders: governed by ARCP Rule 28 speedy trial provisions

Arkansas Rules of Evidence apply unless otherwise indicated

Arkansas Rules of Criminal Procedure apply to all proceedings

Juvenile entitled to all defenses available to an adult criminal defendant

Fitness to proceed governed by § 5-2-301 et seq. (competency statutes)

Drug/alcohol testing may be ordered on motion — written certified result admissible without live witness unless challenged 30 days before hearing with bond

Runs both directions. Delinquency adjudication bars later criminal prosecution on same facts. Criminal prosecution bars later delinquency proceedings on same facts.

Court may order studies, evaluations, or predisposition reports bearing on disposition. All reports must be provided in writing to all parties and counsel at least 2 days before the disposition hearing. All parties have fair opportunity to controvert any part.

Held after court finds petition substantiated. If juvenile detained pending disposition: hearing must be held within 14 days of adjudication. Governing standard: court shall give preference to the least restrictive disposition consistent with the best interests and welfare of the juvenile and the public.

Transfer legal custody to licensed agency or relative/individual — or commit to DYS (using validated risk assessment)

Order physical, psychiatric, or psychological evaluations

Probation under conditions per § 9-35-426 — probation fee max $20/month

Court costs — max $35

Restitution — from juvenile, parent(s), guardian, or custodian

Fine — max $500

Community service — max 160 hours

Juvenile detention — indeterminate period, max 90 days

Residential detention with electronic monitoring

Suspend driving privileges (transmitted to DFA within 24 hours)

Must use validated risk assessment statewide instrument

Cannot commit for misdemeanor only if juvenile scores low risk

Can commit for misdemeanor only if moderate or high risk AND court makes specific findings

Court must make written findings on 4 factors before committing to DYS

Treatment plan required within 30 days of commitment or before release — whichever sooner

No DYS commitment for criminal contempt alone

Cap of $10,000 per victim. Requires proof by preponderance that specific damages caused by juvenile were the proximate cause. Constitutes a lien on real and personal property. Multiple juveniles jointly and severally liable unless court determines otherwise.

Probation order runs for an indeterminate period not exceeding 2 years. Released upon expiration or court finding that purpose has been achieved. Court may extend in 1-year increments before expiration if necessary for juvenile welfare or public interest.

Any violation may be reported to PA, who may file revocation petition

Petition must contain specific factual allegations for each violation

Petition served on juvenile, attorney, and parent/guardian/custodian

Hearing within reasonable time; within 14 days if juvenile detained as result of petition

Burden: preponderance of the evidence

Extend probation

Impose additional conditions

Any disposition available under § 9-35-423 at original disposition

Indeterminate, not to exceed juvenile's 21st birthday. Initial order not to exceed 2 years from date entered. Court may extend in 1-year increments before expiration. Committing court may recommend release at any time in writing. Release decision is exclusive DYS authority — except for EJJ offenders, where court has sole release authority.

Court may order aftercare compliance upon release from DYS if recommended in treatment plan. Terms provided in writing to juvenile before release. Terms also provided to juvenile's attorney, parent/guardian/custodian, PA, and committing court before release. DYS must explain terms to juvenile and family before release.

PA or DHS may file violation petition in committing court

Petition must contain specific factual allegations for each violation

Hearing within reasonable time; within 14 days if juvenile detained

Burden: preponderance of the evidence

Court may extend terms, impose additional conditions, or make any disposition under § 9-35-423

All records may be closed and confidential within the court's discretion. Records of arrest, detention, proceedings, and investigation are confidential and not subject to FOIA unless authorized by written court order, juvenile formally charged as adult for a felony, or otherwise allowed by statute.

Felony involving violence adjudications: kept 10 years after last adjudication or adult guilty finding — then may be expunged

Other juvenile records: court may expunge at any time

Court shall expunge all delinquency records upon the juvenile's 21st birthday

"Expunge" means destroy

Fingerprints and photos only for Class Y, A, or B felony arrests. Kept in separate files from adult records. If found not to have committed the act — court may order return of prints/photos and shall order arrest record marked "found not to have committed the alleged offense."

Evidence adduced against a juvenile in a delinquency proceeding and the fact of adjudication or disposition are inadmissible in any civil, criminal, or other proceeding — with one exception: delinquency adjudications for adult-triable offenses may be used at sentencing in subsequent adult criminal proceedings against that same individual.