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 12-18-702 - Investigative determination

(a)
Upon completion of an investigation under this chapter, the Department of Human Services and the Division of Arkansas State Police shall determine whether the allegations of child maltreatment are:
(1)
(A)
Unsubstantiated.
(B)
An unsubstantiated determination shall be entered when the allegation is not supported by a preponderance of the evidence;
(2)
(A)
True.
(B)
A true determination shall be entered when the allegation is supported by a preponderance of the evidence;
(3)
(A)
True but exempted.
(B)
A determination of true but exempted is a true determination where the offender's name shall not be placed in the Child Maltreatment Central Registry, shall be entered if:
(i)
A parent practicing his or her religious beliefs does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner;
(ii)
The offender is an underaged juvenile offender;
(iii)
The report was true for neglect as defined under §
12-18-103(14)(B)
; or
(iv)
The offender is a juvenile less than fourteen (14) years of age at the time of the offense; or
(4)
(A)
Inactive.
(B)
If the investigation cannot be completed because 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 investigation may be determined inactive if a true or unsubstantiated determination cannot be established without interviewing the alleged offender or alleged victim.
(b)
An investigation of a report of child maltreatment that is closed under §
12-18-601
shall be documented as administratively closed without a determination of whether the allegation is unsubstantiated, true, true but exempt, or inactive.
(c)
(1)
If the Department of Human Services or the Division of Arkansas State Police determines that a report of child maltreatment is true, the Department of Human Services shall determine whether the offender may pose a risk of maltreatment to a vulnerable population, including without limitation children, the elderly, persons with a disability, and persons with a mental health illness.
(2)
(A)
The Department of Human Services shall establish procedures to determine the risk level of the offender and any vulnerable population to which the offender may pose a risk of maltreatment.
(B)
The procedures of the Department of Human Services shall require the following factors to be considered in the determination of whether an offender may pose a risk of maltreatment to a vulnerable population:
(i)
The severity of the child maltreatment;
(ii)
The nature and severity of an injury or other adverse impact caused by the child maltreatment;
(iii)
The access the offender has to a vulnerable population;
(iv)
Any previous substantiated child maltreatment findings against the offender;
(v)
A subsequent report of child maltreatment alleged against the offender; and
(vi)
The criminal history of the offender.
Amended by Act 2021, No. 270,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 802,§ 5, eff. 7/24/2019.
Amended by Act 2015, No. 1004,§ 19, eff. 7/22/2015.
Amended by Act 2013, No. 1006,§ 16, eff. 8/16/2013.
Acts 2009, No. 749, § 1; 2011, No. 1143, § 14.