AR HB1815

Putative parents in dependency-neglect petitions are not automatically named as parties unless the court determines they have established paternity, have a claim of paternity of a child born outside marriage, have significant contacts with the juvenile, or are listed on the Putative Father Registry.

Petitioners must provide notice to identified putative parents under Arkansas Rules of Civil Procedure Rule 4, including information about methods of establishing paternity, the right to prove significant contacts, and the right to be heard by the court.

A putative parent who receives notice has the burden of establishing either significant contacts with the juvenile (demonstrated through custodial, personal, or financial relationship) or status as a parent as defined in the Arkansas Juvenile Code.

If a putative parent fails to demonstrate significant contacts after receiving notice and opportunity to be heard, the court may order DNA testing, find the putative parent has no rights to the juvenile, dismiss them from the action, and find no further notice is required, including for adoption proceedings.

A putative parent whose rights have not attached to a juvenile is not entitled to notice of court proceedings or the opportunity to be heard, and termination of parental rights based on failure to maintain meaningful contact applies only to putative parents whose rights have attached.