Could Arkansas DHS and the Shelby County Health Department jointly operate the Healthy Families prenatal-care outreach program?

Plain-English summary

In 2013, Arkansas Attorney General Dustin McDaniel approved an interlocal agreement between the Arkansas Department of Human Services, Division of Medical Services, and the Shelby County Health Department. The agencies planned to cooperate in operating the Campaign for Healthier Babies/Healthy Families, an outreach program encouraging early and continuous prenatal care.

The agreement sought efficiencies in electronic media access and production of outreach materials. The AG found that it contained the elements required for joint or cooperative action and was otherwise compatible with Arkansas law.

The opinion approved the agreement as submitted. It separately noted that the agreement had not been sent for review before its stated effective date and asked that future agreements be submitted on time.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

For state agencies and local health departments in 2013

The agreement passed the Attorney General's form-and-legality review under the Interlocal Cooperation Act. The opinion emphasized that future agreements should reach the AG before their effective dates.

For public-health program administrators in 2013

The approved arrangement allowed the two agencies to cooperate on media access and production efficiencies for prenatal-care outreach.

Common questions

Q: What program did the agreement support?
A: It supported the Campaign for Healthier Babies/Healthy Families, which encouraged early and continuous prenatal care.

Q: What did the AG review?
A: The AG reviewed whether the agreement was in proper statutory form and compatible with Arkansas law.

Q: What information did the Interlocal Cooperation Act require? A: The opinion listed duration, purpose, financing and budgeting, termination and property disposal, and other necessary matters.

Q: Was there any problem with the submission?
A: The agreement was approved, but the opinion noted that it had been submitted after its stated effective date.

Background and statutory framework

A.C.A. § 25-20-101 et seq. authorized interlocal cooperation. A.C.A. § 25-20-104(d) required an agreement to state its duration, purposes, financing and budget method, termination process, property disposition, and other necessary matters.

The Attorney General's role was to determine whether the agreement met those form requirements and complied with state law. The opinion found both conditions satisfied.

Citations and references

Statutes:

• A.C.A. § 25-20-101 et seq.
• A.C.A. § 25-20-104(d)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

STATE OF ARKANSAS

THE ATTORNEY GENERAL
Dustin McDANIEL

Opinion No. 2013-097

August 29, 2013

Deborah Beard, Account Planner
Communications Group

400 West Capitol, Suite 1391
Little Rock, Arkansas 72201

Dear Ms. Beard:

You have requested approval, pursuant to the Interlocal Cooperation Act (A.C.A.
§ 25-20-101 et seq.), of a proposed interlocal agreement between the Arkansas Department of Human Services -- Division of Medical Services and the Shelby County Health Department.

You have submitted a copy of the agreement, under the terms of which the parties agree generally to cooperate in the continued operation of an outreach program to encourage early and continuous prenatal care (denominated in the proposed agreement “Campaign for Healthier Babies/Healthy Families”), specifically by gaining access to the electronic media and other material production efficiencies that are made possible through a cooperative project.

The Interlocal Cooperation Act requires that interlocal agreements for joint or cooperative action specify the following items:

(1) The duration of the agreement;
(2) The purposes of the agreement;
(3) The manner of financing the joint or cooperative

undertaking and of establishing and maintaining a budget for it;

323 CENTER STREET, SUITE 200 * LITTLE Rock, ARKANSAS 72201 TELEPHONE (501) 682-2007 « Fax (501) 682-8084 INTERNET WEBSITE * http://www.ag.state.ar.us/

Deborah Beard, Account Planner
Communications Group

Opinion No. 2013-097

Page 2

(4) The methods of accomplishing termination of the agreement and for the disposal of property (if any) upon termination;

(5) Any other necessary and proper matters.
A.C.A. § 25-20-104(d).
I am required by law to review the agreement for the purpose of determining whether it is in proper form, as described above, and is otherwise compatible with the laws of the state. Having analyzed the agreement you have submitted, I find that it is in proper form and otherwise meets the requirement of law.' Accordingly, it is hereby approved

as submitted.

Assistant Attorney General Jack Druff prepared the foregoing opinion, which I hereby approve.

Sincerely,

LE.

Attorney General

DM:JHD/cyh

' | must note, however, that you have failed to submit the agreement for my approval prior to its recited effective date — an error I have had to point out on various prior occasions. Kindly submit future agreements, if any, in timely fashion.