Stricken language would be deleted from and underlined language would be added to present law.
*LHR014* 01-31-2023 10:00:28 LHR014
State of Arkansas As Engrossed: H1/31/23 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1144 3
4
By: Representatives Dalby, Cavenaugh 5
By: Senators G. Stubblefield, J. Dotson, B. Johnson 6
7
For An Act To Be Entitled 8
AN ACT TO CREATE THE ARKANSAS FAMILY TREA TMENT 9
SPECIALTY COURT ACT; TO CREATE A SPECIALT Y COURT 10
PROGRAM FOR FAMILIES INVOLVED IN A DEPEND ENCY-NEGLECT 11
PROCEEDING THAT ARE AFFECTED BY SUBSTANC E USE 12
DISORDERS OR MENTAL HEALTH DISORDERS; AN D FOR OTHER 13
PURPOSES. 14
15
16
Subtitle 17
TO CREATE A SPECIALTY COURT PROGRAM FOR 18
FAMILIES INVOLVED IN A DEPENDENCY -NEGLECT 19
PROCEEDING THAT ARE AFFECTED BY SUBSTANCE 20
USE DISORDERS OR MENTAL HEALTH DISORDERS. 21
22
23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
25
SECTION 1. Arkansas Code Title 9, Chapter 27, is amended to add an 26
additional subchapter to read as follows: 27
9-27-801. Title. 28
This subchapter shall be known and may be cited as the "Arkansas Family 29
Treatment Specialty Court Act". 30
31
9-27-802. Purpose and intent. 32
(a) There is a critical need for judicial intervention and support for 33
effective treatment programs that reduce the incidence of family separation 34
due to substance use disorders and mental health disorders. 35
(b) Family treatment specialty c ourts shall: 36 As Engrossed: H1/31/23 HB1144
2 01-31-2023 10:00:28 LHR014
(1) Use a multidisciplinary, collaborative approach to serve 1
families affected by substance use disorders and mental health disorders who 2
are involved with the child welfare system; 3
(2) Ensure that: 4
(A) A participant is fully support ed in his or her 5
parenting roles and 6
(B) A child receives the necessary services and support to 7
return to or remain with his or her parent, guardian, or custodian during the 8
treatment and recovery process; 9
(3) Provide: 10
(A) A comprehensive array of clinical treatment and 11
related support services that meet the needs of each member of the family 12
rather than only the individual receiving care for a substance use disorder 13
or mental health disorder; and 14
(B) Services that address recovery, trauma, s ocial, 15
emotional, and development challenges; 16
(4) Apply therapeutic responses to: 17
(A) Improve parent, child, and family functioning; 18
(B) Ensure children’s safety, permanency, and well -being; 19
(C) Support participant behavior change; and 20
(D) Promote participant accountability; and 21
(5) Include the following components: 22
(A) Use of a non-adversarial, family-centered approach to 23
improve family recovery, safety, and stability; 24
(B) Protection of a participant’s right to due process; 25
(C) Reduction in the amount of time a child spends in an 26
out-of-home placement; 27
(D) Achievement of permanency more quickly; and 28
(E) Reunification of families. 29
30
9-27-803. Family treatment specialty court — Program authorized — 31
Evaluation — Restriction on services and treatment. 32
(a) A family treatment specialty court is a specialized court within 33
the existing structure of the court system. 34
(b) A circuit court may establish a family treatment specialty court 35
program for families inv olved in a dependency -neglect proceeding in the 36 As Engrossed: H1/31/23 HB1144
3 01-31-2023 10:00:28 LHR014
juvenile division of circuit court subject to approval by the Supreme Court 1
in the administrative plan submitted under Supreme Court Administrative Order 2
No. 14. 3
(c) The goals of the family treatment specia lty court program should 4
be consistent with the Family Treatment Court Best Practice Standards as 5
adopted by the Center for Children and Family Futures and the National 6
Association of Drug Court Professionals, as they existed on January 1, 2023, 7
with the exception that all team members shall have input on the procedures, 8
policies, and goals of each family treatment court matter depending on the 9
resources available. 10
(d) A family treatment specialty court program authorized under this 11
chapter is subject to evaluation by the Specialty Court Program Advisory 12
Committee under § 16 -10-139. 13
(e)(1) Services ordered by a family treatment specialty court program 14
shall be supplemental to the services provided by the Department of Human 15
Services, including without li mitation: 16
(A) Cash assistance and family services authorized under § 17
9-27-303; and 18
(B) Other dispositions authorized under § 9-27-334. 19
(2) A family treatment specialty court must comply with § 9 -27-20
335 before ordering services. 21
(3) Notwithstanding subdivision (e)(2) of this section, a family 22
treatment specialty court may still order services if: 23
(A) The provider waives payment; 24
(B) The family treatment specialty court program 25
participant has private insurance that will pay fo r the services; 26
(C) An administrative and programmatic appropriation has 27
been made for the services; or 28
(D) Administrative and programmatic funding is available 29
for the services. 30
(4) The department shall not be ordered to arrange or pay for 31
supplemental services without the consent of the department. 32
33
9-27-804. Administration. 34
(a) A family treatment specialty court shall serve as an available 35
means of disposition within a dependency -neglect matter and shall differ from 36 As Engrossed: H1/31/23 HB1144
4 01-31-2023 10:00:28 LHR014
the traditional adversa rial trial system. 1
(b) Each family treatment specialty court shall develop a policy and 2
procedure manual for the family treatment specialty court program with the 3
assistance of the Administrative Office of the Courts. 4
(c) The family treatment specialty court program shall offer judicial 5
monitoring with strict supervision and intensive treatment of participants 6
with substance use disorders or mental health disorders, as determined by a 7
validated clinical assessment tool. 8
(d)(1) A family treatment spec ialty court program team shall be 9
designated by the circuit court judge assigned to manage the family treatment 10
specialty court program docket. 11
(2) Family treatment specialty court program team members may 12
include: 13
(A) A circuit judge; 14
(B) A program coordinator, if appointed by the circuit 15
judge; 16
(C) A child welfare agency attorney; 17
(D) An attorney from the Commission for Parent Counsel, if 18
the juvenile has been removed from the home; 19
(E) Any other attorney acting as counsel for a parent, 20
guardian, or custodian participant; 21
(F) An attorney ad litem; 22
(G) A court-appointed special advocate, if appointed by 23
the circuit judge, even if the juvenile remains in the home; 24
(H) A family service worker; 25
(I) One (1) or more trea tment providers with experience in 26
the fields of substance use disorders or mental health disorders, or both; 27
and 28
(J) Any other individuals determined necessary by the 29
family treatment specialty court program judge. 30
(e) If the family treatment speci alty court utilizes a case management 31
system that allows for the collection and processing of data, the family 32
treatment specialty court shall collect and provide monthly data on program 33
applicants and program participants as required by the Specialty Cour t 34
Program Advisory Committee in accordance with the rules promulgated under § 35
10-3-2901. 36 As Engrossed: H1/31/23 HB1144
5 01-31-2023 10:00:28 LHR014
1
9-27-805. Eligibility and participation. 2
(a) Participation in a family treatment specialty court is voluntary. 3
(b) A person is eligible for participation in a family treatment 4
specialty court program if: 5
(1) The person is a parent, guardian, custodian, or other 6
caretaker of a juvenile found by the court to be dependent or dependent -7
neglected; and 8
(2) The person agrees to comply with the policies and proce dures 9
developed by the family treatment specialty court program, as well as the 10
Arkansas Juvenile Code of 1989, § 9 -27-301 et seq. 11
(c) If a child has more than one (1) parent, guardian, or custodian 12
and at least one (1) but not all parents, guardians, or custodians objects to 13
participation in a family treatment specialty court, participation in the 14
family treatment specialty court is conditioned upon providing notice and the 15
opportunity to attend all family treatment specialty court staffings and 16
hearings involving the objecting party to: 17
(1) The objecting party; or 18
(2) The attorney for an objecting party. 19
9-27-806. Family Treatment Specialty Court Program Fund. 20
(a) Each approved family treatment specialty court shall establish a 21
fund known as the "Family Treatment Specialty Court Program Fund". 22
(b) Approval of the judge presiding over the family treatment 23
specialty court program is required for all expenditures from the fund. 24
(c) Expenditures from the fund shall be used solely for the support, 25
benefit, and administration of the family treatment specialty court program. 26
(d) Expenditures may be made for indirect expenses related to the 27
family treatment specialty court program, including: 28
(1) Training and travel expenses; 29
(2) Family treatment specialty court program user incentives; 30
(3) Graduation costs; and 31
(4) Supplies. 32
(e) The quorum court shall appropriate all fees and pay for all 33
approved expenditures of the family treatment specialty court program. 34
(f) A grant awarded to a family treatment specialty court program, as 35
well as all memorials, honorariums, and other monetary gifts to the family 36 As Engrossed: H1/31/23 HB1144
6 01-31-2023 10:00:28 LHR014
treatment specialty court program, shall be deposited into the fund. 1
2
SECTION 2. Arkansas Code § 9 -27-334(a), concerning dispositions a 3
circuit court may enter an order for when a juvenile is found to be 4
dependent-neglected under the Arkansas Juvenile Code of 1989, is amended to 5
add an additional subdivision to read as follows: 6
(5) Order that the parent, both parents, or the guardian or 7
custodian of the juvenile participate in a family treatment specialty court 8
program under § 9-27-801 et seq., if available. 9
10
/s/Dalby 11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36