Interpretation of ACA 9-9-302. Does this act preclude any other entity other than the Commissioner of Social Services from being appointed as legal guardian for a juvenile and who can consent to an adoption? Can it be a private entity? ANSWER: Yes.

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL et 201 EAST MARKHAM STREET STEVE CLARK HERITAGE WEST BUILDING ATTORNEY GENERAL LITTLE ROCK, ARKANSAS 72201 OPINION NO. 86-148 May 13, 1986 ee (501) 371-2007 Honorable Art Givens State Representative 1004 - 300 Spring Bldg.- Little Rock, AR 72201 Dear Representative Givens: This letter is written in response to your request for an official opinion regarding an interpretation of Ark. Stat. Ann. §56-126 (1985 Cumm. Supp.). Your question is whether or not this Act precludes any other entity from being appointed guardian of a minor child and having the power to consent to adoption. Ark. Stat. Ann. §56-126, states: The Commissioner of the Division of Social Services of the Department of Social and Rehabilitavtive Services “{Department of Human Services] or his duly authorized representative is hereby authorized to serve. as guardian of the --_person and estate with power to consent ; a to .adoption of any child or children cor Fre tenet we _ where custody. of the child or children . has been- placed with the Division. of . .. Social Services by either a_ juvenile court or chancery court of this State, ‘or. where. the parent or-- parents of such child or children have entered his or their appearance.and agreed to authorize ~ the Division of Social Services to serve. as) guardian with power to consent to - adoption of such child or children. This statute clearly authorizes the Commissioner of Social Services to appoint a representative to serve as guardian of a child placed in the custody of Social Services and to have the power to consent to adoption. I am unaware of any statute that would prohibit the Commissioner from appointing a private entity from serving as his reprsentative. The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Randel K. Miller, " Sincerely,- STE LARK Attorney General SC/RKM/1jm