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 1 - GENERAL PROVISIONS (§§ 12-18-101 — 12-18-108) › Section 12-18-102 - Purpose

The purpose of this chapter is to:
(1)
Provide a system for the reporting of known or suspected child maltreatment;
(2)
Ensure the immediate screening, safety assessment, and prompt investigation of reports of known or suspected child maltreatment;
(3)
Ensure that immediate steps are taken to:
(A)
Protect a maltreated child and any other child under the same care who may also be in danger of maltreatment; and
(B)
Place a child whose health or physical well-being is in immediate danger in a safe environment;
(4)
Provide immunity from criminal prosecution for an individual making a good faith report of suspected child maltreatment;
(5)
Preserve the confidentiality of all records in order to protect the rights of the child and of the child's parents or guardians;
(6)
Encourage the cooperation of state law enforcement officials, courts, and state agencies in the investigation, assessment, prosecution, and treatment of child maltreatment; and
(7)
Stabilize the home environment if a child's health and safety are not at risk.
Acts 2009, No. 749, § 1; 2011, No. 1143, § 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 1 - GENERAL PROVISIONS (§§ 12-18-101 — 12-18-108) › Section 12-18-104 - Confidentiality

(a)
Any data, records, reports, or documents that are created, collected, or compiled by or on behalf of the Department of Human Services, the Division of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families shall not be subject to disclosure under the Freedom of Information Act of 1967, §
25-19-101
et seq.
(b)
Any data, records, reports, or documents released under this chapter to law enforcement, a prosecuting attorney, or a court by the Department of Human Services and the Division of Arkansas State Police are confidential and shall be sealed and not re-disclosed without a protective order to ensure the items of evidence for which there is a reasonable expectation of privacy are not distributed to a person or institution without a legitimate interest in the evidence, provided that nothing in this chapter is deemed to abrogate the right of discovery in a criminal case under the Arkansas Rules of Criminal Procedure or the law.
(c)
Confidential data, records, reports, or documents created, collected, or compiled by or on behalf of the Department of Human Services, the Division of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families may be:
(1)
Disclosed to and discussed with a member of the Child Maltreatment Investigations Oversight Committee; and
(2)
Disclosed and discussed in closed meetings conducted by the Child Maltreatment Investigations Oversight Committee under §
10-3-3201
et seq.
Amended by Act 2019, No. 1081,§ 7, eff. 7/24/2019.
Amended by Act 2017, No. 713,§ 4, eff. 8/1/2017.
Amended by Act 2015, No. 1004,§ 2, eff. 7/22/2015.
Amended by Act 2013, No. 1006,§ 7, 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 1 - GENERAL PROVISIONS (§§ 12-18-101 — 12-18-108) › Section 12-18-105 - Rules

The Department of Human Services and the Department of Arkansas State Police shall promulgate rules to implement this chapter.
Amended by Act 2015, No. 1004,§ 3, 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 1 - GENERAL PROVISIONS (§§ 12-18-101 — 12-18-108) › Section 12-18-106 - Cooperative agreements

(a)
The Department of Human Services and the Division of Arkansas State Police shall implement a coordinated multidisciplinary team approach to intervention in reports involving severe maltreatment and all reports requested by a prosecuting attorney pertaining to a law enforcement or prosecuting attorney's investigation by initiating formal cooperative agreements with:
(1)
Law enforcement agencies;
(2)
Prosecuting attorneys; and
(3)
Other appropriate agencies and individuals.
(b)
The Secretary of the Department of Human Services may enter into cooperative agreements with other states to create a national child maltreatment registration system.
Amended by Act 2019, No. 910,§ 5157, eff. 7/1/2019.
Amended by Act 2015, No. 1004,§ 3, 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 1 - GENERAL PROVISIONS (§§ 12-18-101 — 12-18-108) › Section 12-18-107 - Liability

(a)
A person or agency required by this chapter to report suspected child maltreatment who acts in good faith in making notification, the taking of a photograph or radiological test, or the removal of a child while exercising a seventy-two-hour hold is immune to suit and to civil and criminal liability.
(b)
If acting in good faith, a person making notification not named in this section is immune from liability.
(c)
A publicly supported school, facility, or institution acting in good faith by cooperating with the investigative agency under this chapter shall be immune from civil and criminal liability.
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 1 - GENERAL PROVISIONS (§§ 12-18-101 — 12-18-108) › Section 12-18-108 - Maintenance of forensic samples from abortions performed on a child

(a)
(1)
A physician who performs an abortion on a child who is less than seventeen (17) years of age at the time of the abortion shall preserve under this subchapter fetal tissue extracted during the abortion in accordance with rules adopted by the office of the State Crime Laboratory.
(2)
Before submitting the tissue under subdivision (a)(1) of this section, the physician shall redact protected health information as required under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
(3)
The physician or the reporting medical facility shall contact the law enforcement agency in the jurisdiction where the child resides.
(b)
The State Crime Laboratory shall adopt rules prescribing:
(1)
The amount and type of fetal tissue to be preserved under this section;
(2)
Procedures for the proper preservation of the tissue for the purpose of DNA testing and examination;
(3)
Procedures for documenting the chain of custody of the tissue for use as evidence;
(4)
Procedures for proper disposal of fetal tissue preserved under this section;
(5)
A uniform reporting instrument mandated to be utilized by physicians when submitting fetal tissue under this section which shall include the name and address of the physician submitting the fetal tissue and the name and complete address of residence of the parent or legal guardian of the child upon whom the abortion was performed; and
(6)
Procedures for communication with law enforcement agencies regarding evidence and information obtained under this section.
(c)
Failure of a physician to comply with this section or any rule adopted under this section shall constitute unprofessional conduct under the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq.
Amended by Act 2017, No. 1018,§ 1, eff. 8/1/2017.
Added by Act 2013, No. 725,§ 5, 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 2 - OFFENSES AND PENALTIES (§§ 12-18-201 — 12-18-210) › Section 12-18-201 - Failure to notify by a mandated reporter in the first degree

(a)
A person commits the offense of failure to notify by a mandated reporter in the first degree if he or she:
(1)
Is a mandated reporter under this chapter;
(2)
Has:
(A)
Reasonable cause to suspect that a child has been subjected to child maltreatment;
(B)
Reasonable cause to suspect that a child has died as a result of child maltreatment; or
(C)
Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment; and
(3)
Knowingly fails to notify the Child Abuse Hotline of the child maltreatment or suspected child maltreatment.
(b)
Failure to notify by a mandated reporter in the first degree is a Class A misdemeanor.
(c)
This section does not apply to a person who is a:
(1)
Mandated reporter under §
12-18-402(b)(43)
; and
(2)
Victim of any of the following committed by the same offender whom the person observed subjecting a child to abuse, sexual abuse, or sexual exploitation:
(A)
Domestic abuse as defined in §
9-4-102
;
(B)
An offense involving physical injury, the threat or risk of physical injury, or apprehension of imminent physical injury; or
(C)
A sex offense as defined in §
12-12-903
.
Amended by Act 2023, No. 727,§ 3, eff. 8/1/2023.
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 2 - OFFENSES AND PENALTIES (§§ 12-18-201 — 12-18-210) › Section 12-18-202 - Failure to notify by a mandated reporter in the second degree

(a)
A person commits the offense of failure to notify by a mandated reporter in the second degree if he or she:
(1)
Is a mandated reporter under this chapter;
(2)
Has:
(A)
Reasonable cause to suspect that a child has been subjected to child maltreatment;
(B)
Reasonable cause to suspect that a child has died as a result of child maltreatment; or
(C)
Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment; and
(3)
Recklessly fails to notify the Child Abuse Hotline of the child maltreatment or suspected child maltreatment.
(b)
Failure to notify by a mandated reporter in the second degree is a Class C misdemeanor.
(c)
This section does not apply to a person who is a:
(1)
Mandated reporter under §
12-18-402(b)(43)
; and
(2)
Victim of any of the following committed by the same offender whom the person observed subjecting a child to abuse, sexual abuse, or sexual exploitation:
(A)
Domestic abuse as defined in §
9-4-102
;
(B)
An offense involving physical injury, the threat or risk of physical injury, or apprehension of imminent physical injury; or
(C)
A sex offense as defined in §
12-12-903
.
Amended by Act 2023, No. 727,§ 4, eff. 8/1/2023.
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 2 - OFFENSES AND PENALTIES (§§ 12-18-201 — 12-18-210) › Section 12-18-203 - Making a false report under this chapter

(a)
A person commits the offense of making a false report under this chapter if he or she purposely makes a report containing a false allegation to the Child Abuse Hotline knowing the allegation to be false.
(b)
(1)
A first offense of making a false report under this chapter is a Class A misdemeanor.
(2)
A subsequent offense of making a false report under this chapter is a Class D felony.
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 2 - OFFENSES AND PENALTIES (§§ 12-18-201 — 12-18-210) › Section 12-18-204 - Unlawful restriction of child abuse reporting

(a)
(1)
An employer or supervisor of an employee identified as a mandated reporter commits the offense of unlawful restriction of child abuse reporting if he or she:
(A)
Prohibits a mandated reporter under this chapter from making a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline;
(B)
Requires that a mandated reporter under this chapter receive permission or notify a person before the mandated reporter makes a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline; or
(C)
Knowingly retaliates against a mandated reporter under this chapter for reporting child maltreatment or suspected child maltreatment to the Child Abuse Hotline.
(2)
(A)
Nothing in this section shall prohibit any person or institution from requiring a mandatory reporter employed or serving as a volunteer for a person or institution to inform a representative of that person or institution that the reporter has made a report to the Child Abuse Hotline.
(B)
Information disclosed to a person or institution under subdivision (a)(2)(A) of this section shall not be shared outside the organization and may only be shared within the organization to protect the health, safety, and welfare of the child.
(b)
Unlawful restriction of child abuse reporting is a Class A misdemeanor.
Amended by Act 2013, No. 1086,§ 6, 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 2 - OFFENSES AND PENALTIES (§§ 12-18-201 — 12-18-210) › Section 12-18-205 - Unlawful disclosure of data or information under this chapter

(a)
A person commits the offense of unlawful disclosure of data or information under this chapter if the person knowingly discloses data or information to a person to whom disclosure is not permitted by this chapter.
(b)
Unlawful disclosure of data or information under this chapter is an unclassified misdemeanor and subject to a fine of up to five thousand dollars ($5,000) or imprisonment of up to one (1) year, or both.
Amended by Act 2023, No. 727,§ 5, eff. 8/1/2023.
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 2 - OFFENSES AND PENALTIES (§§ 12-18-201 — 12-18-210) › Section 12-18-206 - Civil liability for failure to report

A person required by this chapter to make a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline who purposely fails to do so is civilly liable for damages proximately caused by that failure.
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 2 - OFFENSES AND PENALTIES (§§ 12-18-201 — 12-18-210) › Section 12-18-207 - Judicial and prosecutorial disclosure

A judge or prosecuting attorney who fails to make a report when required by this chapter is immune from criminal and civil liability under this chapter.
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 2 - OFFENSES AND PENALTIES (§§ 12-18-201 — 12-18-210) › Section 12-18-208 - Subsequent disclosure by a subject of a report

This chapter does not prevent subsequent disclosure by a subject of the report.
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 2 - OFFENSES AND PENALTIES (§§ 12-18-201 — 12-18-210) › Section 12-18-209 - Imposition of penalties

The Department of Human Services and the Department of Arkansas State Police, or a prosecuting attorney, may file a petition in the appropriate court seeking imposition of penalties for violation of this chapter.
Amended by Act 2015, No. 1004,§ 4, 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 2 - OFFENSES AND PENALTIES (§§ 12-18-201 — 12-18-210) › Section 12-18-210 - Prohibition on intentionally causing, aiding, abetting, or assisting a child to obtain an abortion without parental consent

(a)
(1)
A person shall not intentionally cause, aid, or assist a child to obtain an abortion without the consent or notification regarding judicial bypass of the requirement for consent under §§
20-16-801
,
20-16-804
, and
20-16-805
.
(2)
Subdivision (a)(1) of this section does not affect §
20-16-808
.
(b)
(1)
A person who violates subsection (a) of this section shall be civilly liable to the child and to the person or persons required to give the consent under §
20-16-801
.
(2)
A court may award:
(A)
Damages to the person or persons adversely affected by a violation of subsection (a) of this section, including compensation for emotional injury without the need for personal presence at the act or event; and
(B)
Attorney's fees, litigation costs, and punitive damages.
(3)
An adult who engages in or consents to another person's engaging in a sexual act with a child in violation of the Arkansas Criminal Code, §
5-1-101
et seq., that results in the child's pregnancy shall not be awarded damages under this section.
(c)
An unemancipated child does not have capacity to consent to any action in violation of this section.
(d)
Upon a petition by any person adversely affected or who reasonably may be adversely affected by the conduct, a court of competent jurisdiction may enjoin conduct that would violate this section upon a showing that the conduct:
(1)
Is reasonably anticipated to occur in the future; or
(2)
Has occurred in the past, whether with the same child or others, and that it is not unreasonable to expect that the conduct will be repeated.
Added by Act 2013, No. 725,§ 6, 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 3 - CHILD ABUSE HOTLINE (§§ 12-18-301 — 12-18-310) › Section 12-18-301 - Creation

(a)
There is created the Child Abuse Hotline.
(b)
The Child Abuse Hotline is a unit established within the Department of Human Services and the Division of Arkansas State Police, or their designee, with the purpose of receiving and recording notifications and reports under this chapter.
(c)
(1)
The Child Abuse Hotline shall be staffed twenty-four (24) hours per day and shall have statewide accessibility through a toll-free telephone number.
(2)
The toll-free telephone number under this section shall be known as the "Child Abuse Hotline".
(d)
All persons whether a mandated reporter under this chapter or not may use the Child Abuse Hotline to report child maltreatment or suspected child maltreatment.
Amended by Act 2019, No. 910,§ 5873, eff. 7/1/2019.
Amended by Act 2015, No. 1004,§ 5, 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 3 - CHILD ABUSE HOTLINE (§§ 12-18-301 — 12-18-310) › Section 12-18-302 - Reports by mandated reporters

(a)
As prescribed under this section, a mandated reporter under this chapter may report child maltreatment or suspected child maltreatment by telephone call, facsimile transmission, or online reporting.
(b)
Online reporting may be used in nonemergency situations by an identified mandated reporter under this chapter who provides the following contact information:
(1)
Name and phone number; and
(2)
The email address of the identified mandated reporter under this chapter.
(c)
The Child Abuse Hotline shall provide confirmation of the receipt of a report made via online submission.
(d)
[Repealed.]
Amended by Act 2023, No. 727,§ 6, eff. 8/1/2023.
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 3 - CHILD ABUSE HOTLINE (§§ 12-18-301 — 12-18-310) › Section 12-18-305 - Garrett's Law reports

The Child Abuse Hotline shall accept a report of neglect as defined under §
12-18-103(14)(B)
only if the reporter is one (1) of the following mandated reporters and the mandated reporter has reasonable cause to suspect that a child has been subjected to neglect as defined under §
12-18-103(14)(B)
:
(1)
A licensed nurse;
(2)
Any medical personnel who may be engaged in the admission, examination, care, or treatment of persons;
(3)
An osteopath;
(4)
A physician;
(5)
A resident intern;
(6)
A surgeon; or
(7)
A social worker in a hospital.
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 3 - CHILD ABUSE HOTLINE (§§ 12-18-301 — 12-18-310) › Section 12-18-306 - Reports naming an adult as the victim

The Child Abuse Hotline shall accept a report of child sexual abuse, sexual contact, or sexual exploitation naming as the victim a person who is now an adult only if:
(1)
The alleged offender is a caretaker of a child; and
(2)
The person making the report is one (1) of the following:
(A)
The adult victim;
(B)
A law enforcement officer; or
(C)
The alleged offender.
Amended by Act 2013, No. 1006,§ 8, 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 3 - CHILD ABUSE HOTLINE (§§ 12-18-301 — 12-18-310) › Section 12-18-307 - Reports alleging Munchausen syndrome by proxy or factitious illness

The Child Abuse Hotline shall accept a report of child maltreatment alleging Munchausen syndrome by proxy or factitious illness only if the reporter is a medical professional.
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 3 - CHILD ABUSE HOTLINE (§§ 12-18-301 — 12-18-310) › Section 12-18-308 - Reports of injury to a child's intellectual, emotional, or psychological development

The Child Abuse Hotline shall accept a report of injury to a child's intellectual, emotional, or psychological development as evidenced by observable and substantial impairment of the child's ability to function within the child's normal range of performance and behavior only if the reporter is:
(1)
A medical or mental health professional;
(2)
A school counselor, if the child did not disclose to the teacher;
(3)
A teacher; or
(4)
A day care center worker.
Acts 2009, No. 749, § 1; 2011, No. 784, § 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 3 - CHILD ABUSE HOTLINE (§§ 12-18-301 — 12-18-310) › Section 12-18-309 - Reports alleging that a child is disrupting his or her adoption or is a dependent juvenile

The Child Abuse Hotline shall accept telephone calls or other communications alleging that a child is at risk of disrupting or has disrupted his or her adoption or that a child is a dependent juvenile, as defined in §
9-27-303
, and shall immediately refer this information to the Department of Human Services.
Amended by Act 2015, No. 1092,§ 5, eff. 7/22/2015.
Amended by Act 2013, No. 1006,§ 9, eff. 8/16/2013.
Acts 2009, No. 749, § 1; 2011, No. 779, § 18.
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 3 - CHILD ABUSE HOTLINE (§§ 12-18-301 — 12-18-310) › Section 12-18-310 - Referrals on children born with and affected by fetal alcohol spectrum disorder or prenatal drug exposure to an illegal drug or a legal substance

(a)
All healthcare providers involved in the delivery or care of infants shall:
(1)
Contact the Department of Human Services regarding an infant born with and affected by:
(A)
A fetal alcohol spectrum disorder;
(B)
Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or
(C)
Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance; and
(2)
Share all pertinent information, including health information, with the department regarding an infant born with and affected by:
(A)
A fetal alcohol spectrum disorder;
(B)
Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or
(C)
Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance.
(b)
The department shall accept referrals, calls, and other communications from healthcare providers involved in the delivery or care of infants born with and affected by:
(1)
A fetal alcohol spectrum disorder;
(2)
Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or
(3)
Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance.
(c)
(1)
A plan of safe care shall be developed for infants affected by:
(A)
A fetal alcohol spectrum disorder;
(B)
Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or
(C)
Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance.
(2)
(A)
The plan of safe care shall be designed to ensure the safety and well-being of an infant following the release of the infant from the care of a healthcare provider.
(B)
A plan of safe care shall include content that addresses the health and substance use disorder treatment needs of the infant and affected family or caregiver.
Amended by Act 2019, No. 598,§ 1, eff. 7/24/2019.
Acts 2011, No. 1143, § 7.
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 4 - REPORTING SUSPECTED CHILD MALTREATMENT (§§ 12-18-401 — 12-18-402) › Section 12-18-401 - Generally

(a)
A person may immediately notify the Child Abuse Hotline if he or she:
(1)
Has reasonable cause to suspect that:
(A)
Child maltreatment has occurred; or
(B)
A child has died as a result of child maltreatment; or
(2)
Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.
(b)
A person who in good faith notifies the hotline in accordance with subsection (a) of this section is immune from civil and criminal liability.
Amended by Act 2019, No. 970,§ 1, eff. 7/24/2019.
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 5 - NOTICE PROCEDURES AFTER A REPORT OF SUSPECTED CHILD MALTREATMENT HAS BEEN MADE (§§ 12-18-501 — 12-18-508) › Section 12-18-501 - Notice of a report to the Child Abuse Hotline

Notice of a report to the Child Abuse Hotline is confidential and may be disclosed only as provided in this chapter.
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 5 - NOTICE PROCEDURES AFTER A REPORT OF SUSPECTED CHILD MALTREATMENT HAS BEEN MADE (§§ 12-18-501 — 12-18-508) › Section 12-18-502 - Release and disclosure of data generally

(a)
(1)
The Department of Human Services and the Department of Arkansas State Police shall not release data that would identify the person who made the report to the Child Abuse Hotline 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.
(b)
(1)
A 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 own attorney regarding the information in any notice provided by the Department of Human Services and the Department of Arkansas State Police.
Amended by Act 2015, No. 1004,§ 6, 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 5 - NOTICE PROCEDURES AFTER A REPORT OF SUSPECTED CHILD MALTREATMENT HAS BEEN MADE (§§ 12-18-501 — 12-18-508) › Section 12-18-503 - Notification generally

The Department of Human Services and the Department of Arkansas State Police shall notify the following of any report of child maltreatment within five (5) business days:
(1)
The legal parents, legal guardians, and current foster parent of a child in foster care who is named as a victim or alleged offender;
(2)
The attorney ad litem for any child named as the victim or alleged offender;
(3)
A person appointed by the court as the Court Appointed Special Advocates volunteer for any child named as the victim or alleged offender;
(4)
Counsel in a dependency-neglect case or family in need of services case when the child is named as a victim or alleged offender;
(5)
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;
(6)
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;
(7)
The responsible multidisciplinary team; and
(8)
A mandated reporter, if the mandated reporter made the initial notification of suspected child maltreatment and the notification has been accepted for investigation.
Amended by Act 2015, No. 1004,§ 7, eff. 7/22/2015.
Acts 2009, No. 749, § 1; 2011, No. 1143, § 9.
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 5 - NOTICE PROCEDURES AFTER A REPORT OF SUSPECTED CHILD MALTREATMENT HAS BEEN MADE (§§ 12-18-501 — 12-18-508) › Section 12-18-504 - Notification in cases of reports of severe maltreatment

(a)
The Department of Human Services and the Department of Arkansas State Police shall immediately notify local law enforcement of all reports of severe maltreatment.
(b)
(1)
Notification of a report of child maltreatment shall be provided within five (5) business days to the prosecuting attorney on an allegation of severe maltreatment.
(2)
The prosecuting attorney may provide written notice to the Department of Human Services and the Department of Arkansas State Police that the Department of Human Services and the Department of Arkansas State Police do not need to provide notification of the initial child maltreatment report to the prosecuting attorney's office.
(3)
Upon receiving the notification, the Department of Human Services and the Department of Arkansas State Police shall not be required to provide notification of the initial child maltreatment report to the prosecuting attorney's office.
Amended by Act 2015, No. 1004,§ 8, 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 5 - NOTICE PROCEDURES AFTER A REPORT OF SUSPECTED CHILD MALTREATMENT HAS BEEN MADE (§§ 12-18-501 — 12-18-508) › Section 12-18-505 - Notification to the child's school

The Department of Human Services shall notify the child's school if the department takes a seventy-two-hour hold on the child or if the court awards the department custody of the child.
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 5 - NOTICE PROCEDURES AFTER A REPORT OF SUSPECTED CHILD MALTREATMENT HAS BEEN MADE (§§ 12-18-501 — 12-18-508) › Section 12-18-507 - Notice when the alleged victim is a resident of a facility licensed, registered, or operated by the state

(a)
If the Child Abuse Hotline receives a report that a client or a resident of a facility licensed or registered by the State of Arkansas has been subjected to child maltreatment while at the facility, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the facility director and the facility's licensing or registering authority of the Child Abuse Hotline's receipt of a report of suspected child maltreatment.
(b)
If the Child Abuse Hotline receives a report that a client or a resident of a facility operated by the Department of Human Services or a facility operated under contract with the Department of Human Services has been subjected to child maltreatment while at the facility, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the appropriate division director and the facility director of the Child Abuse Hotline's receipt of initial report of suspected child maltreatment.
(c)
If the Child Abuse Hotline receives a report that a child in the custody of the Department of Human Services has been subjected to child maltreatment while in the custody of the Department of Human Services, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the appropriate division director of the Child Abuse Hotline's receipt of an initial report of suspected child maltreatment.
Amended by Act 2015, No. 1004,§ 9, eff. 7/22/2015.
Amended by Act 2013, No. 1006,§ 11, 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 12-18-602 - Initiation of the investigation

(a)
The Department of Human Services and the Division of Arkansas State Police shall cause an investigation to be made upon receiving initial notification of suspected child maltreatment or notification of a child death.
(b)
(1)
All investigations shall begin within seventy-two (72) hours.
(2)
However, the investigation shall begin within twenty-four (24) hours if:
(A)
The allegation is severe maltreatment, excluding an allegation:
(i)
Of sexual abuse if the most recent allegation of sexual abuse was more than one (1) year ago or the alleged victim does not currently have contact with the alleged offender;
(ii)
Of abandonment and the child is in a facility;
(iii)
Of cuts, welts, bruises, or suffocation if the most recent allegation was more than one (1) year ago and the alleged victim is in the custody of the Department of Human Services; or
(iv)
In which the alleged victim is in a facility and does not currently have contact with the alleged offender;
(B)
The allegation is that a child has been subjected to neglect as defined in §
12-18-103(14)(B)
; or
(C)
A child has died suddenly and unexpectedly.
(c)
At the initial time of contact with the alleged offender, the person conducting the investigation shall advise the alleged offender of the allegations made against the alleged offender in a manner that is consistent with the laws protecting the rights of the person who made the report.
(d)
The Department of Human Services and the Division of Arkansas State Police shall:
(1)
Develop policy and procedures to follow when a child dies suddenly and unexpectedly to use in a child death investigation;
(2)
Determine during the Department of Human Services' and the Division of Arkansas State Police's investigation whether the child's death was caused by child maltreatment; and
(3)
Assess the home to ensure the safety of surviving siblings or children in the home.
(e)
Upon initiation of the investigation, the primary focus of the investigation shall be whether or not the alleged offender has access to children and whether or not children are at risk such that children need to be protected.
Amended by Act 2019, No. 881,§ 2, eff. 7/24/2019.
Amended by Act 2017, No. 250,§ 13, eff. 8/1/2017.
Amended by Act 2015, No. 1211,§ 4, eff. 7/22/2015.
Amended by Act 2015, No. 1026,§ 5, eff. 7/22/2015.
Amended by Act 2015, No. 1004,§ 11, eff. 7/22/2015.
Acts 2009, No. 749, § 1; 2011, No. 1143, § 11.
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 12-18-603 - Accompaniment by law enforcement

Upon request, law enforcement shall accompany a person conducting an investigation required by this chapter.
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 12-18-604 - Services during the investigation

The Department of Human Services may make referrals or provide services during the course of the child maltreatment investigation.
Amended by Act 2015, No. 1161,§ 2, eff. 7/22/2015.
Amended by Act 2015, No. 1004,§ 12, eff. 7/22/2015.
Amended by Act 2013, No. 1090,§ 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 12-18-605 - Investigative interviews

(a)
An investigation of child maltreatment or suspected child maltreatment under this chapter shall include interviews with:
(1)
The child as provided under §
12-18-608
;
(2)
The parents, both custodial and noncustodial;
(3)
If neither parent is the alleged offender, the alleged offender;
(4)
Current or past healthcare providers when the allegation of child maltreatment was reported by a healthcare provider; and
(5)
Any other relevant persons.
(b)
If, after exercising reasonable diligence in conducting any or all interviews, the subjects of the interviews cannot be located or are unable to communicate, the efforts to conduct the interviews shall be documented and the investigation shall proceed under this chapter.
Amended by Act 2015, No. 1123,§ 1, eff. 7/22/2015.
Amended by Act 2013, No. 1006,§ 12, 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 12-18-606 - When the alleged offender is a family member, a fictive kin, or lives in the home with the alleged victim

If the alleged offender is a family member, fictive kin, or lives in the home with the alleged victim, an investigation under this chapter shall seek to ascertain:
(1)
The existence, cause, nature, and extent of the child maltreatment;
(2)
The existence and extent of previous injuries;
(3)
The identity of the person responsible for the child maltreatment;
(4)
The names and conditions of other children in the home;
(5)
The circumstances of the parents or caretakers of the child;
(6)
The environment where the child resides;
(7)
The relationship of the child or children with the parents or caretakers; and
(8)
All other pertinent data.
Amended by Act 2019, No. 881,§ 3, eff. 7/24/2019.
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 12-18-607 - When alleged offender is neither family member nor fictive kin and not living in home with alleged victim

If the alleged offender is not a family member or fictive kin living in the home with the alleged victim, the investigation under this chapter shall seek to ascertain:
(1)
The existence, cause, nature, and extent of child maltreatment;
(2)
The identity of the person responsible for the child maltreatment;
(3)
The existence and extent of previous child maltreatment perpetrated by the alleged offender;
(4)
If the report is determined to be true, the names and conditions of any children of the alleged offender and whether these children have been maltreated or are at risk of child maltreatment unless the investigating agency has determined that there is no indication of risk to the children;
(5)
If the report is determined to be true and is a report of sexual abuse, sexual contact, or sexual exploitation, an assessment of any other children previously or currently under the care of the alleged offender, to the extent practical, and whether these children have been maltreated or are at risk of maltreatment unless the investigating agency has determined that there is no indication of risk to the children; and
(6)
All other pertinent and relevant data.
Amended by Act 2021, No. 472,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 881,§ 4, eff. 7/24/2019.
Amended by Act 2015, No. 1026,§ 6, eff. 7/22/2015.
Amended by Act 2013, No. 1006,§ 13, 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 12-18-608 - Interview of the alleged child victim, siblings of a child victim, or any other children in the home or under the care of an alleged offender

(a)
A person conducting an interview with a child victim, sibling of a child victim, or any other children in the home or under the care of an alleged offender shall have the discretion:
(1)
In the child's best interest, to limit the persons allowed to be present when a child is being interviewed concerning allegations of child maltreatment; and
(2)
As it relates to the integrity of the investigation, to limit persons present during an interview.
(b)
(1)
The interview with the child victim, siblings of a child victim, or any other children in the home or under the care of an alleged offender shall be conducted separate and apart from the alleged offender or any representative or attorney for the alleged offender.
(2)
However, if the age or abilities of the child victim render an interview impossible, the investigation shall include observation of the child.
(c)
(1)
If a person conducting an investigation under this chapter is denied access to a child as permitted under this section, the Department of Human Services or the Department of Arkansas State Police may petition the proper juvenile division of a circuit court for an ex parte order of investigation to limit the persons allowed to be present when the child is being interviewed.
(2)
However, upon application to the circuit court and a showing of good cause by a parent, caretaker, or person denying unrestricted access to a child, the circuit 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. 1026,§ 7, eff. 7/22/2015.
Amended by Act 2013, No. 1006,§ 14, eff. 8/16/2013.
Acts 2009, No. 749, § 1.