DIVERSION OF STATE RESOURCES CAUSED BY RECOMMENDING THE FILING OF, OR THE FILING OF A FALSE ALLEGATION OF CHILD ABUSE; PROVIDING THAT ANYONE VIOLATING THIS PROVISION SHALL REPAY THE STATE ALL COSTS RESULTING FROM THE INVESTIGATION; PROHIBITING THE KNOWING SUPPORT OF A FALSE ALLEGATION OF CHILD ABUSE; PROHIBITING THE ALTERATION OF A CHILD'S INITIAL STATEMENTS DURING A CHILD ABUSE INVESTIGATION; REQUIRING THE DEPARTMENT OF HUMAN SERVICES TO ESTABLISH POLICIES AND PROCEDURES DISCOURAGING FALSE ALLEGATIONS OF CHILD ABUSE; PROHIBITING ACCEPTANCE OF FUNDS FOR CHILD ABUSE THAT ARE CONDITIONAL UPON MANDATORY REPORTING OF ALLEGATIONS WITHOUT REGARD TO FOUNDATION AND THAT DO NOT PROVIDE FOR ASSISTANCE TO THOSE FALSELY ACCUSED OR CONVICTED OF CHILD ABUSE; PROHIBITING THE MANDATORY REPORTING OF CHILD ABUSE WITHOUT REGARD TO FOUNDATION; REQUIRING THE DEPARTMENT OF HUMAN SERVICES TO ESTABLISH AN ASSISTANCE PROGRAM FOR THOSE FALSELY ACCUSED AND/OR CONVICTED OF CHILD ABUSE AND FOR CHILDREN FALSELY INVOLVED IN THE SYSTEM; PROHIBITING THE LEGISLATURE FROM ENACTING LEGISLATION ON BEHALF OF OR PROVIDING FUNDING TO ANY ENTITY THAT ENGAGES IN INSTITUTIONAL OR INSTITUTIONALIZED CHILD ABUSE; REQUIRING THE PAYMENT OF RESTITUTION FOR A VIOLATION OF THE ACT, AS WELL AS SUSPENSION OF LICENSE TO PRACTICE; PROVIDING JAIL SENTENCES AND FINES FOR KNOWINGLY PROVIDING FALSE INFORMATION OR TESTIMONY IN SUPPORT OF A FALSE ALLEGATION OF CHILD ABUSE; PROVIDING STIFFER SENTENCES AND FINES FOR A VIOLATION BY A LICENSED PROFESSIONAL; PROVIDING FOR REMOVAL FROM THE BENCH AND SUSPENSION OF LICENSE OF ANY JUDGE FOUND TO HAVE PARTICIPATED IN CHILD ABUSE HYSTERIA; CLARIFYING THE INTENTS AND PURPOSES OF THE ACT; PROVIDING THAT THE ACT MAY NOT BE AMENDED OR REPEALED EXCEPT BY INITIATIVE; PROVIDING THAT THE ACT IS SEVERABLE.
Pursuant to A.C.A. § 7-9-108, instructions to canvassers and signers are enclosed.
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Catherine Templeton.
Sincerely,
WINSTON BRYANT Attorney General
Enclosure