reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 6 - INVESTIGATIVE PROCEEDINGS (§§ 12-18-601 — 12-18-623) › Section 12-18-609 - Right to enter for the purposes of the investigation

(a)
A person conducting an investigation under this chapter shall have the right to enter into or upon a home, school, or any other place for the purpose of conducting the investigation and interviewing or completing the investigation.
(b)
(1)
A publicly supported school, facility, or institution shall not deny access to any person conducting a child maltreatment investigation under this chapter.
(2)
Failure to comply with this section may subject the publicly supported school, facility, or institution to a contempt sanction and reimbursement of attorney's fees.
(c)
(1)
If necessary access or admission is denied to a person conducting an investigation under this chapter, the Department of Human Services and the Department of Arkansas State Police may petition the proper juvenile division of circuit court for an ex parte order of investigation requiring the parent, caretaker, or persons denying access to any place where the child may be to allow entrance for the interviews, examinations, and investigations.
(2)
However, upon application to the court by the parents, caretaker, or persons denying access to the child showing good cause, the court may issue a written order to stay the order of investigation pending a hearing to be held within seventy-two (72) hours.
Amended by Act 2015, No. 1004,§ 13, eff. 7/22/2015.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 6 - INVESTIGATIVE PROCEEDINGS (§§ 12-18-601 — 12-18-623) › Section 12-18-610 - Access to the child's school records

(a)
A person conducting an investigation under this chapter shall be allowed access to the child's public and private school records during the course of the child maltreatment investigation.
(b)
Upon request, a public or private school shall provide the child's records free of charge to the person conducting the investigation.
Acts 2009, No. 749, § 1; 2011, No. 1143, § 12.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 6 - INVESTIGATIVE PROCEEDINGS (§§ 12-18-601 — 12-18-623) › Section 12-18-611 - Inspection of personnel and volunteer records

A person conducting an investigation required by this chapter shall have the right to inspect personnel records of employees and volunteers in any place where an allegation of child maltreatment has been reported as having occurred at that place but the alleged offender is unknown.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 6 - INVESTIGATIVE PROCEEDINGS (§§ 12-18-601 — 12-18-623) › Section 12-18-612 - Criminal background check

(a)
The person conducting an investigation under this chapter shall have the right to obtain a criminal background check, including a fingerprint-based check in any national crime information database, on any subject of the report.
(b)
The results of the criminal background check shall not be disclosed outside of the Department of Human Services and the Department of Arkansas State Police except as permitted under this chapter.
Amended by Act 2015, No. 1004,§ 14, eff. 7/22/2015.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 6 - INVESTIGATIVE PROCEEDINGS (§§ 12-18-601 — 12-18-623) › Section 12-18-613 - Access to miscellaneous records

Upon request by a person conducting an investigation under this chapter, a school, day care center, child care facility, residential facility, residential treatment facility, or similar institution shall provide the person conducting the investigation with:
(1)
The name, date of birth, Social Security number, and last known address and phone number of any person identified as an alleged offender if the alleged child maltreatment occurred at that school, center, or facility; and
(2)
The name and address of any witness to the alleged child maltreatment if the alleged child maltreatment occurred at that school, center, or facility.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 6 - INVESTIGATIVE PROCEEDINGS (§§ 12-18-601 — 12-18-623) › Section 12-18-614 - Submission to a physical exam or other testing

(a)
An investigation under this chapter may include a physical examination, a drug test, radiology procedures, photographs, and a psychological or psychiatric examination of all children subject to the care, custody, or control of the alleged offender.
(b)
(1)
If the report of child maltreatment or suspected child maltreatment alleges abuse as defined in §
12-18-103
, the alleged offender may:
(A)
(i)
For the purpose of obtaining a second opinion, request that the alleged victim be examined by a licensed healthcare provider who:
(a)
Did not perform the initial examination, test, or procedure described under subsection (a) of this section; and
(b)
Routinely provides medical care to pediatric patients.
(ii)
An examination performed under subdivision (b)(1)(A)(i) of this section shall be paid for by the alleged offender or as otherwise covered by insurance or Medicaid; and
(B)
(i)
For the purpose of ruling out a possible differential diagnosis, request that a licensed healthcare provider who routinely provides medical care to pediatric patients examine the alleged victim to determine whether or not the alleged victim has one (1) or more of the following medical conditions:
(a)
Rickets;
(b)
Ehlers-Danlos syndrome;
(c)
Osteogenesis imperfecta;
(d)
Vitamin D deficiency; or
(e)
Another medical condition that may:
(1)
Appear to be caused by suspected abuse as defined in §
12-18-103
; or
(2)
Increase the risk of a misdiagnosis of abuse as defined in §
12-18-103
.
(ii)
An examination performed under subdivision (b)(1)(B)(i) of this section shall be paid for by the alleged offender or as otherwise covered by insurance or Medicaid.
(2)
A licensed healthcare provider examination under subdivision (b)(1) of this section shall not be requested for the purpose of obtaining a second opinion on whether or not an alleged victim has been a victim of sexual abuse.
Amended by Act 2021, No. 976,§ 2, eff. 7/28/2021.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 6 - INVESTIGATIVE PROCEEDINGS (§§ 12-18-601 — 12-18-623) › Section 12-18-615 - Radiology procedures, photographs, electronic media, and medical records

(a)
A person who is required to make a report under this chapter may take or cause to be taken radiology procedures and photographs or compile medical records that may be relevant as to the existence or extent of child maltreatment.
(b)
A hospital, clinic, or child safety center, or the Department of Human Services and the Department of Arkansas State Police may make electronic media that may be relevant as to the existence or extent of child maltreatment.
(c)
The Department of Human Services and the Department of Arkansas State Police, or law enforcement officials shall be provided at no cost a copy of the results of radiology procedures, electronic media, photographs, or medical records upon request.
Amended by Act 2015, No. 1004,§ 15, eff. 7/22/2015.
Amended by Act 2013, No. 1006,§ 15, eff. 8/16/2013.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 6 - INVESTIGATIVE PROCEEDINGS (§§ 12-18-601 — 12-18-623) › Section 12-18-616 - Timing

(a)
(1)
Except as otherwise provided in this section, an investigative determination shall be made in each investigation under this chapter within forty-five (45) days regardless of whether the investigation is conducted by the Department of Human Services and the Department of Arkansas State Police, or local law enforcement.
(2)
However, this procedural requirement shall not be considered as a factor to alter the investigative determination in any judicial or administrative proceeding.
(3)
(A)
An extension of an additional fifteen (15) days to make an investigative determination is permitted.
(B)
The Department of Human Services and the Crimes Against Children Division of the Department of Arkansas State Police shall respectively promulgate rules pertaining to the extension of time to make an investigative determination.
(b)
An investigation shall not be transferred to inactive status because an investigator is awaiting documentary evidence.
Amended by Act 2015, No. 1004,§ 16, eff. 7/22/2015.
Amended by Act 2013, No. 426,§ 1, eff. 8/16/2013.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 6 - INVESTIGATIVE PROCEEDINGS (§§ 12-18-601 — 12-18-623) › Section 12-18-617 - Authority to pursue other remedies

(a)
Notwithstanding an investigative determination finding of true but exempted, the Department of Human Services may pursue:
(1)
Any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction; and
(2)
Medical care or treatment for a child when such care or treatment is necessary to prevent or remedy serious harm to the child or to prevent the withholding of medically indicated treatment from a child with life-threatening conditions.
(b)
Except with respect to the withholding of medically indicated treatments from a disabled infant with life-threatening conditions, case-by-case determinations concerning the exercise of authority in this section shall be within the sole discretion of the department.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 6 - INVESTIGATIVE PROCEEDINGS (§§ 12-18-601 — 12-18-623) › Section 12-18-618 - Religious bias prohibited

The Department of Human Services and the Department of Arkansas State Police shall investigate all allegations of child maltreatment without regard to the parent's practice of his or her religious beliefs and shall only consider whether the acts or omissions of the parent constitute child maltreatment under this chapter.
Amended by Act 2015, No. 1004,§ 17, eff. 7/22/2015.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 6 - INVESTIGATIVE PROCEEDINGS (§§ 12-18-601 — 12-18-623) › Section 12-18-619 - Closing investigations

(a)
If at any time before or during an investigation under this chapter it is determined that the alleged offender is not a caretaker of any child and the alleged victim has reached eighteen (18) years of age prior to notification, the child maltreatment investigation shall be closed notwithstanding any criminal investigation.
(b)
(1)
If at any time before or during the investigation it appears that the alleged offender is identified and is not a caretaker of the victim child, excluding investigations of sexual abuse, the Department of Human Services and the Division of Arkansas State Police shall:
(A)
Refer the matter to the appropriate law enforcement agency;
(B)
Close their investigation; and
(C)
Forward a copy of their findings to the appropriate law enforcement agency for the agency's further use in any criminal investigation.
(2)
(A)
If the appropriate law enforcement agency subsequently determines that the alleged offender is a caretaker, it shall immediately notify the Department of Human Services and the Division of Arkansas State Police of its determination.
(B)
Thereupon the Department of Human Services and the Division of Arkansas State Police shall reopen and continue their investigation in compliance with all other requirements contained in this chapter.
(c)
If at any time before or during the investigation the Department of Human Services and the Division of Arkansas State Police are unable to locate or identify the alleged offender or alleged victim, the Department of Human Services and the Division of Arkansas State Police may consider the report unable to be completed and determine the report to be inactive if a true or unsubstantiated determination cannot be established without interviewing the alleged offender or alleged victim.
Amended by Act 2021, No. 270,§ 1, eff. 7/28/2021.
Amended by Act 2015, No. 1004,§ 18, eff. 7/22/2015.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 6 - INVESTIGATIVE PROCEEDINGS (§§ 12-18-601 — 12-18-623) › Section 12-18-621 - Right to obtain records during course of the investigation

(a)
Upon a request by a person conducting an investigation under this chapter, the keeper of the record shall provide the person conducting the investigation with the following:
(1)
Records showing the nature and extent of the child's present and past injuries;
(2)
Records showing previous injuries or child maltreatment of the child or his or her siblings;
(3)
School records, as described under §
12-18-610
;
(4)
Personnel and volunteer records, as described under §
12-18-611
; and
(5)
Results of radiological procedures, photographs, or medical records, as described under §
12-18-615
.
(b)
(1)
If a person conducting an investigation under this chapter is denied records authorized to be released under subsection (a) of this section, the Department of Human Services and the Department of Arkansas State Police may petition the proper juvenile division of circuit court for an ex parte order of investigation to obtain the records.
(2)
However, upon application to the circuit court and a showing of good cause by the keeper of the record, the circuit court may issue a written order to stay the order to tender records pending a hearing to be held within seventy-two (72) hours.
Added by Act 2015, No. 1026,§ 9, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 6 - INVESTIGATIVE PROCEEDINGS (§§ 12-18-601 — 12-18-623) › Section 12-18-622 - Access to the controlled substance database

(a)
The Department of Human Services and the Department of Arkansas State Police may petition a circuit court to allow an investigator to access the controlled substance database under the Prescription Drug Monitoring Program Act, §
20-7-601
et seq., for a record concerning a person.
(b)
The circuit court may grant a petition under this section if the Department of Human Services and the Department of Arkansas State Police demonstrate probable cause that:
(1)
The person was or is in possession of one (1) or more prescription drugs;
(2)
The person gave birth to a baby; and
(3)
The person or the baby tested positive for one (1) or more prescription drugs at the time of the birth of the baby.
Added by Act 2015, No. 1161,§ 3, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 6 - INVESTIGATIVE PROCEEDINGS (§§ 12-18-601 — 12-18-623) › Section 12-18-623 - [Repealed]

Repealed by Act 2019, No. 802,§ 4, eff. 7/24/2019.
Amended by Act 2017, No. 250,§ 15, eff. 8/1/2017.
Added by Act 2015, No. 1212,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 7 - INVESTIGATIVE FINDINGS (§§ 12-18-701 — 12-18-713) › Section 12-18-701 - Generally

(a)
The agency responsible for an investigation under this chapter shall make a complete written report at the conclusion of the investigation.
(b)
The report of the investigation shall include the following information:
(1)
The names and addresses of the child and his or her legal parents and other caretakers of the child, if known;
(2)
The child's age, sex, and race;
(3)
The nature and extent of the child's present and past injuries;
(4)
The investigative determination;
(5)
The nature and extent of the child maltreatment, including any evidence of previous injuries or child maltreatment to the child or his or her siblings;
(6)
The name and address of the person responsible for the injuries or child maltreatment, if known;
(7)
Services offered and accepted;
(8)
Family composition;
(9)
The source of the notification; and
(10)
The person making the notification, his or her occupation, and where he or she can be reached.
(c)
The agency responsible for the investigation shall immediately provide the Department of Human Services at no cost a copy of the written report and any information gathered during the course of the investigation, including statements from witnesses and transcripts of interviews.
(d)
All information gathered during the course of the investigation shall be contained in the file of the department whether or not the information supports the investigative determination.
(e)
(1)
The department shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report.
(2)
However, the information shall be disclosed to the prosecuting attorney or law enforcement officers on request.
(f)
The report, exclusive of information identifying the person making the notification, shall be admissible in evidence in any proceeding related to child maltreatment.
(g)
Notwithstanding any provision of the Arkansas Rules of Evidence, any privilege between a minister and any person confessing to or being counseled by the minister shall not constitute grounds for excluding evidence at any dependency-neglect proceeding or proceedings involving custody of a child.
Amended by Act 2015, No. 1026,§ 10, eff. 7/22/2015.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 7 - INVESTIGATIVE FINDINGS (§§ 12-18-701 — 12-18-713) › Section 12-18-703 - Notice generally

(a)
The Department of Human Services and the Department of Arkansas State Police shall notify each alleged offender of the child maltreatment investigative determination whether true or unsubstantiated.
(b)
(1)
In every case in which a report is determined to be true, the Department of Human Services and the Department of Arkansas State Police shall notify the alleged offender of the investigative determination by certified mail, restricted delivery, or by process server as permitted under Rule 4 of the Arkansas Rules of Civil Procedure.
(2)
Failure of service under subdivision (b)(1) of this section is not deemed failure of notice if the alleged offender has actual notice.
(c)
(1)
The notice of the investigative determination shall include a statement that the request for an administrative hearing shall be made within thirty (30) days of the receipt of notice under subsection (b) of this section.
(2)
An alleged offender is not entitled to an automatic administrative hearing if:
(A)
The allegations are determined to be true; and
(B)
The alleged offender's name is exempt from placement in the Child Maltreatment Central Registry.
Amended by Act 2015, No. 1097,§ 1, eff. 7/22/2015.
Amended by Act 2015, No. 1004,§ 20, eff. 7/22/2015.
Amended by Act 2013, No. 1006,§ 17, eff. 8/16/2013.
Acts 2009, No. 749, § 1; 2011, No. 1143, § 15.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 7 - INVESTIGATIVE FINDINGS (§§ 12-18-701 — 12-18-713) › Section 12-18-704 - Notice if the investigative determination is true but exempted and the alleged offender is a child

If the investigative determination of the report was determined true but exempted under §
12-18-702(2)(C)(ii)
and the alleged offender is a child at the time the act or omission occurred, the Department of Human Services and the Department of Arkansas State Police shall notify the legal parents and legal guardians of the investigative determination and that the child's name shall not be placed in the Child Maltreatment Central Registry, and the alleged offender may petition for an administrative hearing.
Amended by Act 2015, No. 1004,§ 21, eff. 7/22/2015.
Amended by Act 2013, No. 1006,§ 18, eff. 8/16/2013.
Acts 2009, No. 749, § 1; 2011, No. 1143, § 15.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 7 - INVESTIGATIVE FINDINGS (§§ 12-18-701 — 12-18-713) › Section 12-18-705 - Notice if the alleged offender is at least fourteen years of age and less than eighteen years of age

(a)
If the report was determined true and the alleged offender is at least fourteen (14) years of age and less than eighteen (18) years of age at the time the act or omission occurred, a notice shall be given as provided in this section.
(b)
The notice under this section shall be provided as follows:
(1)
If the alleged offender is in foster care, the Department of Human Services and the Department of Arkansas State Police shall notify the alleged offender's counsel and the legal parents, legal guardians, and current foster parents of the alleged offender; or
(2)
If the alleged offender is not in foster care, the Department of Human Services and the Department of Arkansas State Police shall notify the legal parents and legal guardians of the alleged offender.
(c)
The notice under this section shall include the following:
(1)
The investigative determination, excluding data that would identify the person who made the report to the Child Abuse Hotline;
(2)
A statement that the matter has been referred for an automatic administrative hearing that may be waived only by the alleged offender or his or her parent or legal guardian in writing;
(3)
The potential consequences to the alleged offender if the alleged offender's name is placed in the Child Maltreatment Central Registry;
(4)
A statement that the alleged offender has a right to have an attorney and if the person cannot afford an attorney to contact the Center for Arkansas Legal Services;
(5)
A statement that if the alleged offender's name is placed on the registry, the alleged offender's name may be automatically removed after one (1) year or the alleged offender may be able to petition for removal after one (1) year, depending on the finding;
(6)
A statement that the administrative hearing may take place in person if requested by the alleged offender, the alleged offender's parent or guardian, or the alleged offender's attorney within thirty (30) days from the date that the alleged offender receives notification under this section; and
(7)
The name of the person making the notification, his or her title or position, and current contact information.
Amended by Act 2015, No. 1004,§ 22, eff. 7/22/2015.
Amended by Act 2013, No. 1006,§ 19, eff. 8/16/2013.
Acts 2009, No. 749, § 1; 2011, No. 1143, § 15.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 7 - INVESTIGATIVE FINDINGS (§§ 12-18-701 — 12-18-713) › Section 12-18-706 - Notice if the alleged offender is eighteen years of age or older

Notification to an alleged offender who was eighteen (18) years of age or older at the time of the act or omission that resulted in a true finding of child maltreatment shall include the following:
(1)
The investigative determination, excluding data that would identify the person who made the report to the Child Abuse Hotline;
(2)
A statement that the person named as the alleged offender of the true report may request an administrative hearing;
(3)
A statement that the request must be made to the Department of Human Services within thirty (30) days of receipt of the service or certified mailing of the notice of determination;
(4)
The potential consequences to the person if the person's name is placed on the Child Maltreatment Central Registry;
(5)
A statement that the person has a right to have an attorney and that if the person cannot afford an attorney to contact the Center for Arkansas Legal Services;
(6)
A statement that if the person's name is placed on the registry, the person's name may be automatically removed after one (1) year or the person may be able to petition for removal after one (1) year, depending on the finding;
(7)
The name of the person making the notification to the alleged offender, his or her title or position, and current contact information; and
(8)
A statement that the administrative hearing may take place in person if requested by the alleged offender or the alleged offender's attorney within thirty (30) days from the date that the alleged offender receives notification under this section.
Acts 2009, No. 749, § 1; 2011, No. 779, § 19.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 7 - INVESTIGATIVE FINDINGS (§§ 12-18-701 — 12-18-713) › Section 12-18-708 - Miscellaneous notice requirements

(a)
The Department of Human Services and the Department of Arkansas State Police shall confirm an investigative determination upon request from the following:
(1)
The responsible multidisciplinary team;
(2)
The juvenile division of circuit court if the victim or offender has an open dependency-neglect or family in need of services case;
(3)
The attorney ad litem for any child who is named as the victim or offender;
(4)
The Court Appointed Special Advocates volunteer for any child named as the alleged victim or offender;
(5)
Any licensing or registering authority to the extent necessary to carry out its official responsibilities;
(6)
Any Department of Human Services and Department of Arkansas State Police division director or facility director receiving notice of a Child Abuse Hotline report under this chapter;
(7)
Any facility director receiving notice of a Child Abuse Hotline report under this chapter;
(8)
The attorney ad litem and Court Appointed Special Advocates volunteer for all other children in the same foster home if the child maltreatment occurred in a foster home; and
(9)
The attorney ad litem and Court Appointed Special Advocates volunteer for any child in foster care when the alleged juvenile offender or underaged juvenile offender is placed in the same placement as the attorney ad litem or Court Appointed Special Advocates volunteer's client.
(b)
If the investigative determination is true, notification of the investigative determination shall be provided to the school where the victim child is enrolled. However, the name of the alleged offender shall not be identified.
(c)
The Department of Human Services and the Department of Arkansas State Police may notify the persons or entities listed in subsection (a) of this section of the investigative determination, if the Department of Human Services and the Department of Arkansas State Police determine the notification is necessary to ensure the health or safety of the child.
Amended by Act 2015, No. 1004,§ 23, eff. 7/22/2015.
Acts 2009, No. 749, § 1; 2011, No. 1143, § 16.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 7 - INVESTIGATIVE FINDINGS (§§ 12-18-701 — 12-18-713) › Section 12-18-709 - Confidentiality

(a)
Notice of an investigative determination under this chapter is confidential and may be disclosed only as provided in this chapter.
(b)
(1)
The Department of Human Services and the Division of Arkansas State Police shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report.
(2)
However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement.
(c)
(1)
Any person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section.
(2)
However, the person or agency is permitted to consult his or her or its own attorney regarding the information in any notice provided by the Department of Human Services and the Division of Arkansas State Police.
(d)
(1)
Notification of the investigative determination of severe maltreatment shall be provided to the appropriate law enforcement agency and the prosecuting attorney.
(2)
The prosecuting attorney and law enforcement may provide written notice to the Department of Human Services and the Division of Arkansas State Police that the Department of Human Services and the Division of Arkansas State Police do not need to provide notice of investigative determinations.
(3)
Upon receiving the notification, the Department of Human Services and the Division of Arkansas State Police shall not be required to provide notification of the investigative determination.
(e)
The Department of Human Services and the Division of Arkansas State Police shall notify each subject of the report of the investigative determination whether true or unsubstantiated.
(f)
The Department of Human Services and the Division of Arkansas State Police shall notify the alleged offender's legal parents, legal guardians, and foster parents of the investigative determination if the:
(1)
Investigative determination is unsubstantiated; and
(2)
Alleged offender is:
(A)
Under eighteen (18) years of age; and
(B)
In foster care.
(g)
The Department of Human Services and the Division of Arkansas State Police shall notify any family advocacy program or other person or entity designated by the military authority for the military installation to which notice must be given of child maltreatment investigations under §
12-18-508
of the investigation determination whether true or unsubstantiated.
Amended by Act 2017, No. 528,§ 3, eff. 8/1/2017.
Amended by Act 2015, No. 1004,§ 24, eff. 7/22/2015.
Acts 2009, No. 749, § 1; 2011, No. 1143, § 17.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 7 - INVESTIGATIVE FINDINGS (§§ 12-18-701 — 12-18-713) › Section 12-18-711 - Fee for copying investigative file

(a)
Except as provided under subsection (b) of this section, the Department of Human Services may charge:
(1)
A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file under this chapter; and
(2)
A reasonable fee for reproducing copies of electronic media, such as audio tapes, video recordings, compact discs, or DVDs, and photographs.
(b)
A fee shall not be charged to:
(1)
A nonprofit or volunteer agency that requests searches of the investigative files; or
(2)
A person who is indigent.
Amended by Act 2013, No. 1006,§ 21, eff. 8/16/2013.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 7 - INVESTIGATIVE FINDINGS (§§ 12-18-701 — 12-18-713) › Section 12-18-712 - Mental health services for alleged sex offenders under eighteen years of age and the victim

(a)
If an investigative determination of a report under this chapter was determined true and the alleged sex offender is a child under eighteen (18) years of age at the time the act or omission occurred, the alleged sex offender and the victim shall be referred for mental health services, including a mental health evaluation and treatment if determined necessary by a mental health professional.
(b)
The Department of Human Services and the Department of Arkansas State Police shall:
(1)
Provide the parents or legal guardians of the alleged sex offender and the victim with a list of the mental health professionals or agencies available to evaluate and treat the alleged sex offender and the victim, if necessary; and
(2)
Assist the parents or legal guardians of the alleged sex offender and the victim with a referral for a mental health evaluation, if necessary.
Amended by Act 2015, No. 1004,§ 25, eff. 7/22/2015.
Added by Act 2013, No. 1200,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 7 - INVESTIGATIVE FINDINGS (§§ 12-18-701 — 12-18-713) › Section 12-18-713 - Reports on overturned true determinations

(a)
(1)
The Department of Human Services and the Division of Arkansas State Police shall submit two (2) reports annually on true determinations made under this chapter that are administratively or judicially overturned to the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs.
(2)
The first report shall be submitted on June 1 and the second report shall be submitted on December 1.
(b)
A report submitted under subsection (a) of this section shall include:
(1)
Data on overturned true determinations by county; and
(2)
Any other information requested by the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs.
Added by Act 2017, No. 1025,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 8 - ADMINISTRATIVE HEARINGS (§§ 12-18-801 — 12-18-815) › Section 12-18-802 - Subpoenas - Service upon a child

If any child served with a subpoena to be a witness in an administrative hearing is a party to an open dependency-neglect or family in need of services case, the child's attorney ad litem shall be provided a copy of the subpoena.
Acts 2009, No. 749, § 1; 2011, No. 1139, § 2.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 8 - ADMINISTRATIVE HEARINGS (§§ 12-18-801 — 12-18-815) › Section 12-18-803 - Privileged communications as evidence - Exception

(a)
It is the public policy of the State of Arkansas to protect the health, safety, and the welfare of children within the state.
(b)
No privilege, except that between a lawyer and client or between a minister, including a Christian Science practitioner, and a person confessing to or being counseled by the minister shall prevent anyone from testifying concerning child maltreatment.
(c)
When a physician, psychologist, psychiatrist, or licensed counselor or therapist conducts interviews with or provides therapy to a subject of a report of suspected child maltreatment for purposes related to child maltreatment, the physician, psychologist, psychiatrist, or licensed counselor or therapist is deemed to be performing services on behalf of the child.
(d)
An adult subject of a report of suspected child maltreatment cannot invoke privilege on the child's behalf.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 8 - ADMINISTRATIVE HEARINGS (§§ 12-18-801 — 12-18-815) › Section 12-18-804 - Defenses and affirmative defenses

For any act or omission of child maltreatment that would be a criminal offense or an act of delinquency, any defense or affirmative defense, including the burden of proof regarding the affirmative defense, that would apply to the criminal offense or delinquent act is also cognizable in a child maltreatment proceeding with the exception of:
(1)
A statute of limitation;
(2)
Lack of capacity as a result of mental disease or defect under §
5-2-312
; and
(3)
Affirmative defenses under §§
5-1-112
-
5-1-114
.
Acts 2009, No. 749, § 1; 2011, No. 1143, § 20.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 8 - ADMINISTRATIVE HEARINGS (§§ 12-18-801 — 12-18-815) › Section 12-18-805 - Video teleconferencing and teleconferencing options

(a)
(1)
An administrative law judge may conduct an administrative hearing under this chapter by video teleconference in lieu of an in-person hearing.
(2)
If neither party requests that the administrative hearing be conducted in person, the administrative hearing shall be conducted telephonically.
(b)
If any party requests an in-person administrative hearing within thirty (30) days from the date that the party receives notification of the investigative determination, the in-person administrative hearing shall be conducted in an office of the Department of Human Services nearest to the petitioner's residence unless the administrative law judge notifies the parties that the administrative hearing will be conducted via video teleconference.
(c)
(1)
The Office of Appeals and Hearings of the Department of Human Services shall designate the sites to be used for video teleconference administrative hearings.
(2)
The office shall designate sites within ten (10) miles of the following cities:
(A)
Arkadelphia;
(B)
Booneville;
(C)
Conway;
(D)
Fayetteville;
(E)
Jonesboro;
(F)
Little Rock; and
(G)
Warren.
(3)
The office may designate additional sites for video teleconference administrative hearings.
(4)
A site for a video teleconference administrative hearing shall include the location designated by the office that is nearest to the petitioner's residence.
(5)
The administrative law judge and other parties may agree to appear at the location designated by the office or at any other designated administrative hearing locations that are convenient to them.
Amended by Act 2013, No. 1006,§ 23, eff. 8/16/2013.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 8 - ADMINISTRATIVE HEARINGS (§§ 12-18-801 — 12-18-815) › Section 12-18-806 - Continuances

(a)
(1)
An administrative law judge shall grant a continuance if the record under this chapter tendered by the Department of Human Services to the alleged offender is determined by the administrative law judge to be incomplete.
(2)
The administrative law judge shall direct the department to make diligent inquiry and obtain the missing information to supplement the record if:
(A)
The department receives further information;
(B)
The alleged offender gives notice of the existence of further information; or
(C)
The department examines the record and determines that additional information exists.
(3)
If additional information is found to exist, the record shall be supplemented and the department shall provide a copy of the supplemented record to the alleged offender.
(b)
At least ten (10) days prior to the administrative hearing, the alleged offender and the department shall share any information with the other party that the party intends to introduce into evidence at the administrative hearing that is not contained in the record.
(c)
If a party fails to timely share information, the administrative law judge shall:
(1)
Grant a continuance;
(2)
Allow the record to remain open for submission of rebuttal evidence; or
(3)
Reject the information as not relevant to the incident of child maltreatment.
(d)
Any time accrued during the continuance or allowing the record to remain open shall not be counted in the one-hundred-eighty-day time period to complete the administrative hearing.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 8 - ADMINISTRATIVE HEARINGS (§§ 12-18-801 — 12-18-815) › Section 12-18-807 - Administrative judgments and adjudications

(a)
If a court of competent jurisdiction adjudicates a question that is an issue to be determined by the Office of Appeals and Hearings, the prevailing party to the judicial adjudication who is also a party to the administrative adjudication shall file a copy of the judicial adjudication with the office.
(b)
(1)
The office shall determine whether and to what extent the judicial adjudication has preclusive effect on the administrative adjudication by applying the principles of claim preclusion and issue preclusion.
(2)
The office shall not readjudicate any precluded issues.
(c)
If the judicial adjudication is modified or reversed, the office shall determine whether and to what extent any issue in the administrative adjudication remains precluded and shall schedule a hearing with respect to any matter that is no longer precluded.
Amended by Act 2023, No. 364,§ 16, eff. 8/1/2023.
Amended by Act 2013, No. 1006,§ 24, eff. 8/16/2013.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 8 - ADMINISTRATIVE HEARINGS (§§ 12-18-801 — 12-18-815) › Section 12-18-808 - Notice of juvenile division circuit court proceedings

(a)
The Department of Human Services and the Department of Arkansas State Police shall notify the administrative law judge and the petitioner of the status of any juvenile division of circuit court proceeding involving the victim if child maltreatment at issue in the administrative hearing proceeding is also an issue in the juvenile division of circuit court proceeding.
(b)
Notice from the Department of Human Services and the Department of Arkansas State Police under this section shall also include whether the Department of Human Services exercised a seventy-two-hour hold on the victim and released the child or if the Department of Human Services or division of circuit court dismissed a petition for emergency custody or dependency-neglect.
Amended by Act 2015, No. 1004,§ 26, eff. 7/22/2015.
Acts 2009, No. 749, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 18 - CHILD MALTREATMENT ACT (§§ 12-18-101 — 12-18-1202) › Subchapter 8 - ADMINISTRATIVE HEARINGS (§§ 12-18-801 — 12-18-815) › Section 12-18-809 - Confidentiality

(a)
An administrative hearing decision and the hearing record, including all exhibits, under this chapter are confidential and shall remain confidential upon the filing of an appeal with a circuit court or an appellate court.
(b)
An administrative hearing decision and the hearing record, including all exhibits, under this chapter that uphold the agency investigative determination of true may be used or disclosed only as provided in this chapter.
(c)
An administrative hearing decision and the hearing record, including all exhibits, under this chapter that overturn the agency investigative determination of true may be used or disclosed only as provided in this chapter.
Acts 2009, No. 749, § 1; 2011, No. 1143, § 21.