This bill amends the law regarding dependency-neglect actions when a juvenile or their mother tests positive for illegal substances at birth. It requires the Department of Human Services to document a compelling reason in the case plan for why alternative goals to reunification are not in the juvenile's best interest when the child has been removed from the parent's custody due to such circumstances. Specifically, if reunification is recommended, the department must provide justification for not pursuing other options, such as placement with a noncustodial parent, guardianship or adoption with a relative, or adoption through termination of parental rights.
The bill introduces new legal language that defines the circumstances under which these requirements apply, particularly focusing on cases where the child was born with illegal substances in their system due to the mother's actions. It also clarifies the definition of "illegal substance" as any drug prohibited without a prescription under Arkansas law. This legislative change aims to ensure that the best interests of the juvenile are prioritized in dependency-neglect cases involving substance abuse.
Statutes affected: HB 1716: 9-28-111(c)