Arkansas Laws

§ 5-26-502. Interference with custody.

(a)(1)(A) A person commits the offense of interference with court-ordered custody if, knowing that he or she has no lawful right to do so, he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor.

               (B)(i) Interference with court-ordered custody is a Class D felony if the minor is taken, enticed, or kept without the State of Arkansas.

                    (ii) Otherwise, it is a Class A misdemeanor.

     (2)(A) A person commits the offense of interference with custody if, without lawful authority, he or she knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another to take or entice, any minor or any incompetent person from the custody of:

                   (i) The minor's or incompetent person's parent;

                   (ii) The minor's or incompetent person's guardian;

                   (iii) A public agency having lawful charge of the minor or incompetent person; or

                   (iv) Any other lawful custodian.

             (B) Interference with custody is a Class C felony.

(b)(1) In every case prior to serving a warrant for arrest on a person charged with the offense of interference with court-ordered custody, the police officer or other law enforcement officer shall inform the Department of Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the custodian in a manner constituting interference with court-ordered custody.

          (2) A representative of the Department of Human Services shall be present with the arresting officer to take the minor into temporary custody of the Department of Human Services pending further proceedings by a court of competent jurisdiction.

(c)(1) A court of competent jurisdiction shall determine the immediate custodial placement of all these minors pursuant to a petition brought by the Department of Human Services or an agency thereof to determine if there is probable cause to believe the minor:

               (A) May be removed from the jurisdiction of the court;

               (B) May be abandoned; or

               (C) May be without the immediate care or support of one lawfully entitled to custody.

         (2) The court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court.

(d)(1) The petitioner shall comply with the requirements with regard to the giving of a notice and setting of hearings.

         (2) The petitioner shall be immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined the petitioner acted with actual malice.

History. Acts 1985, No. 540, § 2; A.S.A. 1947, § 41-2416; Acts 1987, No. 483, § 1; 1987, No. 898, § 1; 1995, No. 1343,

§ 1.