Arkansas

Family Law

Family Law

Section 9-9-202 – Definitions

As used in this subchapter, unless the context otherwise requires:

(1) “Child” means a son or daughter, whether by birth or by adoption;
(2) “Court” means all probate divisions of circuit courts in this state, or the juvenile divisions of circuit courts when exercising jurisdiction over adoption cases pursuant to §§ 9-27-301 – 9-27-339, 9-27-340 [repealed], and 9-27-341 – 9-27-345 and, when the context requires, means the court of any other state empowered to grant petitions for adoption;
(3) “Minor” means an individual under the age of eighteen (18) years;
(4) “Adult” means any individual who is not a minor;
(5) “Agency” means any person certified, licensed, or otherwise specially empowered by law or rule to place minors for adoption;
(6) “Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;
(7) “Abandonment” means the failure of the parent to provide reasonable support and to maintain regular contact with the child through statement or contact, when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future, and failure to support or maintain regular contact with the child without just cause for a period of one (1) year shall constitute a rebuttable presumption of abandonment;
(8) “Neglect” means the failure or refusal, including acts or omissions, of a person legally responsible for the care and maintenance of a child:

(a) To prevent the abuse of the child when the person legally responsible knows or has reasonable cause to know the child is or has been abused; or
(b) To provide the necessary food, clothing, shelter, and education required by law, or medical treatment necessary for the child’s well-being, which causes or threatens to cause the significant impairment of the child’s physical, mental, or emotional health, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered or rejected, or when the child is being furnished with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized religious denomination by a duly accredited practitioner thereof in lieu of medical treatment;
(9) “Refusal to consent” means the unreasonable refusal to consent by a parent not having custody of a child to the termination of parental rights contrary to the best interest of the child;
(10) “Abuse” means any injury, sexual abuse, or sexual exploitation inflicted by a person upon a child other than by accidental means, or an injury which is at variance with the history given of it.

Ark. Code § 9-9-202

Acts 1977, No. 735, § 2; 1985, No. 879, § 1; A.S.A. 1947, § 56-202; Acts 1993, No. 758, § 2