NOTICE TO THE PUBLIC is hereby given that the following popular name and ballot title for a proposed initiated act has been certified by the Arkansas Attorney General. Pursuant to Arkansas Constitution, Amendment 7, any party may contest the popular name and ballot title as an original action with the Arkansas Supreme Court after the Secretary of State has verified the petition as having the sufficient number of qualified electors’ signatures to have the measure place on the ballot at the next general election.
Notice of Certification of Sufficiency
Pursuant to A.C.A. §7-9-107
On November 13, 2007, this office received Opinion No. 2007-293 from the Attorney General for the State of Arkansas whereby he approved and certified a Popular Name and Ballot Title. Pursuant to A.C.A. § 7-9-107 the Secretary of State shall also approve and certify the proposed Popular Name and Ballot Title as certified by the Attorney General.
Therefore, I, Charlie Daniels, Secretary of State, State of Arkansas, do hereby approve and certify the sufficiency of the following:
Popular Name
An Act Providing that an Individual Who is
Cohabiting Outside of a Valid Marriage May not
Adopt or Be a Foster Parent of a Child Less Than Eighteen Years Old
Ballot Title
a proposed act providing that a minor may not
be adopted or placed in a foster home if the individual seeking to adopt or to
serve as a foster parent is cohabiting with a sexual partner outside of a
marriage which is valid under the constitution and laws of this state; stating
that the foregoing prohibition applies equally to cohabiting opposite-sex and
same-sex individuals; stating that the act will not affect the guardianship of
minors; defining “minor” to mean an individual under the age of eighteen (18)
years; stating that the public policy of the state is to favor marriage, as
defined by the constitution and laws of this state, over unmarried cohabitation
with regard to adoption and foster care; finding and declaring on behalf of the
people of the state that it is in the best interest of children in need of
adoption or foster care to be reared in homes in which adoptive or foster
parents are not cohabiting outside of marriage; providing that the Director of
the Department of Human Services shall promulgate regulations consistent with
the act; and providing that the act applies prospectively beginning on January
1, 2009.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARKANSAS:
Section 1: Adoption and foster care of minors.
(a) A minor may not be adopted or placed in a foster home if the individual seeking to adopt or to serve as a foster parent is cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state.
(b) The prohibition of this section applies equally to cohabiting opposite-sex and same-sex individuals.
Section 2: Guardianship of minors.
This act will not affect the guardianship of minors.
Section 3: Definition.
As used in this act, “minor” means an individual under the age of eighteen (18) years.
Section 4: Public policy.
The public policy of the state is to favor marriage, as defined by the constitution and laws of this state, over unmarried cohabitation with regard to adoption and foster care.
Section 5: Finding and declaration.
The people of Arkansas find and declare that it is in the best interest of children in need of adoption or foster care to be reared in homes in which adoptive or foster parents are not cohabiting outside of marriage.
Section 6: Regulations:
The Director of the Department of Human Services, or the successor agency or agencies responsible for adoption and foster care, shall promulgate regulations consistent with this act.
Section 7: Prospective application and effective date.
This act applies prospectively beginning on January 1, 2009.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Office of the Secretary of Sate on this the 19th day of November, 2007.
Charlie Daniels
Secretary of State
State of Arkansas
Paid for by:
Jerry Cox
Family Council Action Committee
414 South Pulaski, Suite 2
Little Rock, AR 72201
501-375-7000