The bill amends Arkansas laws concerning adoption and guardianship, particularly focusing on consent requirements and the definitions and procedures related to guardianship. A significant change is the requirement for minors aged twelve or older to provide consent at the adoption hearing, although the court can waive this if it serves the minor's best interest. Additionally, adult adopters must provide consent at the hearing, including written or testimonial consent from their spouse if applicable. The bill also introduces "emergency guardianship," allowing for short-term guardianship in cases of imminent danger to an incapacitated person, and establishes qualifications for guardianship, including the necessity of a home study for prospective guardians of adopted juveniles.

Further amendments enhance the rights and protections of individuals proposed to be placed under guardianship. The bill mandates that courts appoint an "emergency guardian" instead of a temporary guardian and requires that notice of hearings be served to the proposed ward and their legal parents or spouse. It emphasizes the importance of personal service and clear communication regarding the proposed ward's rights. Stricter evidentiary standards for determining incapacity are introduced, requiring "clear and convincing evidence" and professional evaluations prior to adult guardianship hearings. The bill also clarifies the responsibilities of the Department of Human Services and outlines the process for requesting special notice of hearings, ultimately aiming to ensure transparency and accountability in guardianship proceedings while prioritizing the rights and welfare of the wards.

Statutes affected:
HB 1838: 9-9-206, 9-9-207, 9-10-120(a), 9-9-208(a), 9-9-208(d), 28-65-101, 9-20-103, 28-65-218(b), 28-65-107(c), 28-65-109, 28-65-202(c), 28-65-203(a), 28-65-203(f), 28-65-203(k), 28-65-204(a), 28-65-205(b), 28-65-206, 28-65-207, 28-65-213, 28-65-106(b), 28-1-112(b), 28-1-112(e), 28-65-208, 28-65-209, 28-65-210, 28-65-211, 28-65-212, 28-65-218, 28-65-214(c), 28-65-215, 28-48-201, 28-65-207(b), 28-65-221, 28-65-222, 28-65-401(b)
Act 713: 9-9-206, 9-9-207, 9-10-120(a), 9-9-208(a), 9-9-208(d), 28-65-101, 9-20-103, 28-65-218(b), 28-65-107(c), 28-65-109, 28-65-202(c), 28-65-203(a), 28-65-203(f), 28-65-203(k), 28-65-204(a), 28-65-205(b), 28-65-206, 28-65-207, 28-65-213, 28-65-106(b), 28-1-112(b), 28-1-112(e), 28-65-208, 28-65-209, 28-65-210, 28-65-211, 28-65-212, 28-65-218, 28-65-214(c), 28-65-215, 28-48-201, 28-65-207(b), 28-65-221, 28-65-222, 28-65-401(b)